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HomeMy WebLinkAbout01-0210 FX f. - " WEBER GOLDSTEIN GREENBERG & GALLAGHER By: Kenneth M. Portner, No. 62194 The Belgravia, Suite 600 1811 Chestnut Street Philadelphia, PA 19103 Attorney for Plaintiff Pennsylvania National Mutual Insurance Company Pennsylvania National Mutual Insurance Company Plaintiff v. Melvin Spotts, Mel Spotts d/b/a Mel Spotts Excavating, Elizabeth Spotts Orchard Hills Associates, Pocono Village Associates Defendant. CUMBERLAND COUNTY COURT OF COMMON PLEAS 0\- :AlQ <.,. ~v;\ COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. Y Oll are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249.3166 ^< , q '^-' .- ., ,. AVISO Le han demandado a usted en 1a corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificaci6n. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la cone en forma escrita 5US defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continual" la demanda en contra suya sin previa aviso a notificaci6o. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con tadas las pravisiones de esta demanda. Usted puede perder dinero a sus propiedades u otros derechos importantes para listed. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 2 Liberty Avenue Carlisle, PA 17013 (717) 249.3166 - , . '. ~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONAL MUTUAL CASUALTY COMPANY Plaintiff, v. CIVIL ACTION MEL VlN W. SPOTTS, MEL SPOTTS d/b/a MEL SPOTTS EXCA V A TING, ELIZABETH SPOTTS, ORCHARD HILLS ASSOCIATES, POCONO VILLAGE ASSOCIATES NO.: 01- ~16 Defendants, COMPLAINT FOR DECLARATORY JUDGMENT AND OTHER RELIEF Pursuant to 42 Pa. C.S. 97531 et. seq., Penn National Mutual Casualty Insurance Company ("Peun National"), brings this action for declaratory judgment and otherrelief and in support thereof avers as follows: PARTIES 1. Penn National is an insurance company organized and existing under the laws of the Commonwealth of Pennsylvania with a principal place of business located at Harrisburg, Pennsylvania. 2. Melvin W. Spotts is an individual who resides at 1296 Martin Street, East Earl, Pennsylvania. 3. Elizabeth Spotts is an individual who resides at 1296 Martin Street, East Earl, Pennsylvania and at all times relevant hereto was the wife of Me 1 Spotts. 4. Orchard Hills Associates ("Orchard Hills") is a general partnership. The partners are Robert E. Goodling of Car lisle, Pennsylvania, James T. Gibson of Me chanics burg, Pennsylvania and 1 'I' F"-- . r~r- - ..~--- , . Peifer & Gross, Inc. a Pennsylvania corporation with a principal place of business located at New Cumberland, Pennsylvania.. 5. Pocono Village Associates ("Pocono Village") general partnership. The partners are Peifer & Gross, Inc., a Pennsylvania corporation with a principal place of business at New Cumberland, Pennsylvania, AAA Quality Builders, Inc., a Pennsylvania corporation with a principal place of business at Mechanicsburg, Pennsylvania, and PVOHA, Inc., a Pennsylvania corporation located in Carlisle, Pennsylvania. 6. Orchard Hills and Pocono Village are named as patiies whose interests may be affected by the declaration sought herein in accordance with 42 Pa. C.S. 97540. JURISDICTION 7. This Court has jurisdiction over this matter pursuant to the Pennsylvania Declaratory Judgment Act, 42 Pa. C.S. 97531 et. seq. VENUE 8. Venue is proper with this Court as defendants either reside or regularly conduct business in this County. FACTUAL BACKGROUND 9. Penn National issued four consecutive polices of Commercial General Liability Insurance to "Mel Spotts Excavating" and/or "Mel Spotts t/a Mel Spotts Excavating" , policy no. CL90037516, with a policy periods of 09/26/93 to 09/26/94, 9/26/94 to 9/26/95, 9/26/95 to 9/26/96 and 9/26/96 to 9/26/97. Copies of the declaration pages of said policies are attached as Exhibit "A". 2 ^ ~ 1 ,-.." ,~ " I -~ , C~ "I " ,~~ 10. At all times relevant hereto, Spotts and his wife Elizabeth were in the plumbing excavation business and operated a business known as Mel Spotts Excavation. Spotts maintains a business address at 45 Martin Street, East Earl, Pennsylvania. II. In or about 1994, Orchard Hills was the owner of a mobile home park known as "Pocono Village Court" or "Pocono Mobile Home Park" (the "Park") located in Pocono Township, Monroe County, Pennsylvania. 12. Sewage disposal for the mobile homes located in the Park was provided by means of a septic system located on the Park premises. 13. On or before August, 1994, Orchard Hills hired Spotts to perform repairs on the Park's septic system. 14, Spotts performed the work between August, 1994 and December, 1994. 15. In or about December, 1994, in the course of his work Spotts cut one of the septic system's gravity feed pipes. This pipe was connected to a dosing tank, and after it was cut, sewage which was supposed to pass through the pipe into the tank instead was released into the ground in and around the Park. 16. Spotts completed his work at the Park in December, 1994. 17. At sometime subsequent to December, 1994, it was discovered that sewage had escaped from the septic system and had contaminated the ground in and around the parle 18. Orchard Hills and Pocono Village commenced suit against Spotts in September, 1997 in the Court of Common Pleas of Cumberland County, Pennsylvania. Orchard Hills and Pocono Village filed a Complaint against Spotts in this suit in or about March, 1998 and an Amended 3 ~I "'", ~ I Complaint in or about July, 1999. (the "Complaint" and "Amended Complaint") Copies of the Complaints are attached hereto as Exhibit "B". 19. The Complaints allege that Spotts performed his work at the Park in a negligent careless and reckless fashion and that Orchard Hills and Pocono Village were damaged as a result. 20. In particular, the Amended Complaint alleges that Spotts "cut off a gravity feed pipe or line which connected eleven (11) mobile homes to a "dosing tank" without reconnecting that line to any other part of the septic system. As a result of this action, the sewage which emanated from those eleven (11) mobile homes was not deposited into the septic system for the mobile home park and was simply dumped into the ground". Amended Complaint, paragraph 8.a., Exhibit "B" hereto. 21. The Amended Complaint further alleges that Spotts acts "caused the untreated waste from eleven (11) mobile homes to simply pass into the ground" and that this "violated federal and state environmental laws and the ordinances of Pocono Township in Monroe County and exposed the owners and representatives of Orchard Hills to criminal and civil penalties and sanctions for such violations." Amended Complaint, paragraph 9, attached hereto as Exhibit "B". 22. The Amended Complaint seeks damages representing the cost of repairing and/or remedying Spotts' allegedly defective work (including costs incurred in identifying the source ofthe problem) and treating and removing soil in the Park that had been contaminated with untreated sewage. COUNT I -- DECLARATORY JUDGMENT--POLICY COVERAGE 23, Penn National incorporates by reference the averments of paragraphs I through 22 hereof as if fully set forth at length herein. 4 "I I II 24. The Penn National policies provide coverage for sums Spotts is legally obligated to pay on account of "property damage", as defined in the policies, which is not otherwise excluded. See General Liability Coverage Form, attached hereto as Exhibit "C". 25. The Penn National policies exclude from coverage "property damage" to real property on which the Spotts is performing operations, or personal property that must be "restored, repaired or replaced" because Spotts' work was incorrectly performed on it (See CG 00 01 01 96, Section I, Coverage A.2.J(5), 2.1(6), at 3). The Penn National policies also exclude coverage for "property damage" to Spotts' "work" as defined in the policies. (See CG 00 0 I 01 96, Section 1., Coverage A.2.1, at 4). 26. The claims asserted in the Complaint and Amended Complaint fall within the ambit of the exclusions cited in the preceding paragraph and therefore are not covered under the Penn National policies. 27. In addition, the Penn National policies contain a Total Pollution Exclusion which provides that the "property damage" coverage does not apply to claims which would not have occurred in whole or in part but for the discharge, dispersal, seepage, migration, release or escape of "pollutants". "Pollutants" means any solid, liquid, gaseous, or thermal initant or contaminant including smoke, vapor, soot, fumes, acid, alkali, chemicals and waste. (See CG 21 4901 96) 28. The claims asserted in the Complaint and Amended Complaint fall within the ambit of the Total Pollution Exclusion and therefore there is no coverage for these claims under the Penn National policies. 5 ~f ',-.." [, , , 29. An actual controversy exists between the parties concerning the issue of whether Spotts is entitled to coverage under the policies for the claims asserted in the Complaint and Amended Complaint. 30. Declaratory judgment is the only remedy by which the liabilities of the parties can be determined. WHEREFORE, Pennsylvania National Mutual Casualty Insurance Company demands judgment in its favor and against defendants as follows: a. A declaration that under the terms of the Policies and applicable law, Penn National has neither a duty to defend nor a duty to indemnifY Spotts for the claims asserted in the Complaint and Amended Complaint; and b. For such other and furtherreliefthis Court may deem just and proper, including attorneys' fees and cost of suit. COUNT II - REIMBURSEMENT OF ATTORNEYS FEES AND COSTS 31. Penn National adopts by reference the allegations of the preceding paragraphs and incorporates the same herein as if fully set forth at length. 32. Penn National is presently defending Spotts against the claims asserted in the Complaintand Amended Complaint pursuant to a reservation of its right to contest its obligations under its policies. 33. Pursuant to the terms and conditions of the Policies, Penn National is only obligated to defend Spotts against claims which are actually or potentially covered under the Policies. 34. In the event that this Court enters a declaration that Penn National has no duty to defend Spotts against the claims asserted in the Complaint and Amended Complaint, Pelill National is entitled to recoup the fees and costs it has paid on Spotts' behalf in defense of the claims. 6 :-'"1' - '_', _,". . .. WHEREFORE, Pennsylvania National Mutual Casualty Company demands judgment in its favor and against defendants as follows: (a) An order directing Spotts to reimburse Penn National for all fees and costs incurred by Penn National in defending Spotts against the claims asserted in the Complaint and Amended Complaint and; (b) For such other and further relief this Court may deem just and proper, including attorneys' fees and cost of suit. Respectfully submitted, WEBER GOLDSTEIN GREENBERG & GALLAGHER BY!;;) ~A k --- Kenneth M, Portner Attorneys for Plaintiff, Pennsylvania National Mutual Casualty Insurance Company / ~/({)- 0 / Date: 7 ""'f '.'_~ , "~_ "1 , , 11 VERIFICATION I, Kenneth M. Portner, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. J-j --A Kenneth M. Portner - Date:~\() r\ -'ffl'T -, I" . 1-.1 ~~,o ,~ ~~. 'I'r PENN NATIONAL 1 INSURANCE COMMERCIAL LINES POLICY COMMON DECLARATIONS NEW DECLARATIONS ~l&Nlliallll M....IC...INloItIlCtOom~n, P"'IIN.tIotlllISKUlllyI,..".,.CO/'l'fllny P.O, BolIa8ll.liIr,....... PA 1F101 NON-ASSESSABLE POLICY NUMBER u"'u POLICY pel':lQO ,^ COVERAGE IS PROVIDED IN AGENCY BR CLI1 0037518 09/28/93 109/28/114 PA NATIONAL MUTUAL CAS INS CO 0000759 11 NAMED INSURED AND ADDRESS AGENCY MEL SPOTTS EXCAVATING MURRAY INS ASSOC INC PO BOX 32 POBOX 1728 EAST EARL PA 17519 LANCASTER PA 17803 POLICV PERIOD: POLICY COVERS FROM: 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED STATED ABOVE, FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM. AND SUBJECT TO ALL THE TERMS OF THIS POLICY. WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOW!NG COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMEN~ PREMIUM COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLANO MARINE COVERAGE PART s 403.00 s $ 3,137.00 2,511.00 s $ s s s "',' "., '" .. .'toTAlJ ,",.:::;..".;;.$1\(/0.',. '::::: : .' : :,",: ...:';":" ,:, ..'", ,: ::' ': ::',':'i;'.';,:.~:::... :::' :,,:' '(::':::::: .,:::.: ::': "", ,.:.. INSTALLMENT SERVICE FEE $ 10.00 FORMS APPLICABLE TO ALL COVERAGE PARTS: IL0248 08/811 IL0910 01/81 70157211 08/87 IL0172 04/93 IL0017 11/85 RISk C~-n", 'Me SIC CODI 11dI*,,~ #~~ nil" 2 2 77 1794 N 998 COUNTERSIGNED BY: Authorized Representative THESE DeCLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS. COVERAGE PART COVERAGE FORMIS), AND FORMS. IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. FORM 71-0025 lED. 03/91) HOME OFFICE ISSUED 10/11/93 -"'"I" ur, . , ~ ,-r ~~~-~ - - 'I', PENN NATIONAl ~ INSURANCE COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS NEW DECLARA T IONS P.~ NltloNlt.Uull C-..ltyllWlnctCcmlllllY Ptnn Nltllll'll SllNltylfllure,*CCIIlJlInr fi.o.aa.2'3I1.....'fIID,q.PA17101 1II0N-ASSESSABLE POLICY NUMBER ~at'lu POLICY PEIIIIOD '^ COVERAGE IS PROVIDED IN AGENCY BR CL 9 0037518 09/28/93 109/28/94 PA NATIONAL MUTUAL CAS INS CO 0000759 31 NAMED INSURED AND ...oDRESS AGENCY MEL SPOTTS EXCAVATING MURRAY INS ASSOC INC PO BOX 32 POBOX 1728 EAST EARL PA 17519 LANCASTER PA 17603 POLICY PERIOD: POLICY COVERS FROM: 12:01 A.M, STANDARD TIME AT THE ADDRESS OF THE INSURED STATED ABOVE. FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. DESCRIPTION OF PREMISES AND COVERAGES PROVIDED INSURANCE AT THE DESCRIBED PREMISES APPLIES ONLY FOR THE COVERAGES SHOWN: PREMISES NO. 1 : 1296 MARTIN STREET, EAST EARL LANCASTER CO PA 1751~ DEDUCTIBLE: $250 BUILDING NO.: 1 PROTECTION CLASS: 09 CONSTRUCTION: FRAME OCCUPANCY: OFFICES, OTHER THAN GOVERNMENTAL COVERAGE: YOUR BUSINESS PERSONAL LIMIT OF INSURANCE: $2,000 REPLACEMENT COST PROPERTY COINSURANCE: 801 COVERED CAUSE OF LOSS: SPECIAL FORM SEE SUPPLEMENTAL DECLARATIONS, FORM 71-00275 ,..~~~~;;~~~~i.~~\f~~i.~1~.;~~~~~~~:"'~~.~:,;.'i: ." " ,'''','''''' .. " ':. -, ", ~:. .;;..:.49~;.:c)', ',',':,'"'' ,":,;: . ..'....n...' ,',' " "." " ,,":,:;;,:,,:':::::'.:;;; FORMS APPLICABLE TO THIS COVERAGE PART: CP0090 07/88 CP 1 D30 1 0/91 CP0010 10/91 7 102 18 01/92 ~ ..~~.. TlIIC SIc co.. , u....o. TllAM 2 2 77 1 794 N 998 COUNTERSIGNED BY: Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORM'S) AND FORMS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. FORM 71-0027 (Ed 031931 HOME OFF ICE I SSUED 10/ 1 1/93 "'''~ I . . "-,~- , ~~, , , -- - COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL DECLARATIONS POLICY NUMBER FROM POL/tv P6'-100 TO COVERAGE IS-PROVIDED IN AGENCY BR CLII 0037511J 011/28/113 I 09/28/94 PA NATIONAL MUTUAL CAS INS CO 0000759 31 DESCRIPTION OF PREMISES AND COVERAGES PROVIDED INSURANCE AT THE DESCAIBEO PREMISES APPLIES ONLY FOR THE COVERAGES SHOWN: PREMISES NO. 2 : 1254 EAST EARL ROAD EAST EARL LANCASTER CO PA 17519 DEDUCTIBLE: 1250 BUILDING NO.: 1 PROTECTION CLASS: 09 CONSTRUCTION: ~OISTED MASONRY OCCUPANCY: CONTRACTORS EXCAVATION EQUIPMENT STORAGE COVERAGE: BUILDING LIMIT OF INSURANCE: S7.200 REPLACEMf!NT COST COINSURANCE: BOI COVERED CAUSE OF LOSS: SPECIAL FORI BUILDING ND.: 2 PROTECTION CLASS: 09 CONSTRUCTION: ~OISTED IASONRY OCCUPANCY: OFFICES, DTHER THAN GOVERNMENTAL COVERAGE: ,BUILDING LIMIT OF INSURANCE: S98,500 AEPLACEMf!NT COST COINSURANCE: 801 COVERED CAUSE OF LOSS: SPECIAL FORM BUILDING NO.: 3 PROTECTION CLASS: 09 CONSTRUCTION: FRAME OCCUPANCY: CONTRACTORS'EXCAVATION EQUIPMENT STORAGE COVERAGE: BUILDING LIMIT OF INSURANCE: S4,800 REPLACEMENT COST COINSURANCE: 801 COVERED CAUSE OF LOSS: SPECIAL FORM FORM 71-00275 lEd, 03/91) HOME OFF ICE ISSUED 10/11/93 '''', , ": -I ':1 POLICY SCHEDULE OF NAMES AND ADDRESSES POLICY NUMBER FAOM POliCY 'E"IQD TO C~VERAGE IS PROVIDED IN AGENCY BR CLI 0037511 09/28/931 01/211/94 PA NATIONAL MUTUAL CAS INS CO 00075S 31 THE fOLLOWING ARE INSUREDS ON THIS POLICY COMMERCIAL PROPERTY NAMES AND ADDRESSES PREMISES NO.: 2 BLUE BALL NATIONAL BANK PO BOX IIBO BLUE BALL PA 17508 MORTGAGEE FORM 71-0028 (ED. 03/911 HOME OFFICE ISSUED 10/11/93 - 1 1.1 , - \I, PENN NATIONAL COMMERCIAL GENERAL INSURANCE , LIABILITY COVERAGE OCCURRENCE POLICY NEW DECLARATIONS PART DECLARATIONS P~~IONIMl.NlCIMIIyINtlIl'CtCom",J'f Ptm NeIloMl StcIt1lV INII.,. Com,In, P,O,Bo..,oHtlnellUIII,PA11l0l NON-ASSESSABLE THIS POLICY IS SUBJECT TO A GENERAL AGGREGATE LIMIT POLlCV NUMBER It.nu POLley PERIOO '^ COVERAGE IS PROVIDED IN AGENCV IBR CL9 0037518 09/28/93 109/28/94 PA NATIONAL MUTUAL CAS INS CO 000075'1 NAMED INSURED AND ADDRESS AGENCV MEL SPOTTS EXCAVATING MURRAY INS ASSOC INC PO BOX 32 POBOX 1728 EAST EARL PA 17519 LANCASTER PA 17603 POLICY PERIOO: POLICY COVERS FROM: 12:01 A.M. STANOARO TIME AT THE AOORESS OF THE INSURED STATED ABOVE. FORM OF BUSINESS: INDIVIDUAL, BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM, ANO SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY, LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT lOTHER THAN PRODUCTS - COMPLETED OPERATIONS) PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCe LIMIT FIRE DAMAGE LIMIT. ANY ONE FIRE MEDICAL EXPENSE LIMIT, ANY ONE PERSON $ $ S $ $ $ 1.000,000 1.000,000 500,000 500,000 50,000 5,000 PREMIUM INFORMATION CODE PREMIUM BASIS PER RATES ADVANCE PREMIUM PREMS/OPS PRODUCTS PREMS/OPS PRODUCTS SEE SUPPLEMENTAL DECLARATIONS, FORM 71-00295 +6t~.,:'~~~~~;~~MltiM;FdR;,Tki~'.'~d~eAAGS,'~,A,',',';.,",~,..,,;:1',..,.,.,..,'.,..,<: ,.;;..j;~~t;,~~~"; ,:;,:,:.'.,'."".'", ORMS APPLICABLE TO THIS COVERAGE PART: CG2503 11/85 CG2504 11/85 IL0021 11/85 CGOOOl 11/88 CG2150 09/89 CG2149 11/88 ~i~ e~'1:t IMe SIC COOl 1.,....- i"g~Du 2 2 77 1794 N 998 COUNTERSIGNED BY: Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORMfS). AND FORMS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY, FORM 71-0029 (Ed. 03/93l HOME OFFICE ISSUED 10/11/93 41'li!~,.._rJ5!l,~ ~ , -- COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS P Ll Y NUMBER ,1RO,.. 1II0lle., 'ERIOO TO COVERAGE t PROVID D I CL8 0037518 08/28/93 09/28/94 PA NATIONAL MUTUAL CAS INS CO PREMISES NO. 1 1298 MARTIN STREET EAST EARL LANCASTER CO PA 17519 , RATES ADVANCE PREMIUM CODe PRElIUM USU PER PREMS/OPS PRODUCTS PRElS/OPS PRODUCTS 94007 18,250 PAYROLL 1000 VARIOUS V ARI OUS INCLUDED INCLUDED EXCAVATION RATES ADVANCE PREMIUM CODE PREMIUM nSIS PER PREIlIS/OPS PRODUCTS PRElS/OPS PRODUCTS 85410 18,250 PAYROLL 1000 VARIOUS VARIOUS INCLUDED INCLUDED GRADINO OF LAND PREMISES NO. 2 1254 EAST EARL ROAD EAST EARL LANCASTER CO PA 17519 RATES ADVANCE PREMIUM CODE PREMIUM BASIS PER PREU/OPS PRODUCTS PREIlIS/OPS PRODUCTS 81212 4,838 SQUARE FEET 1000 VARIOUS INCLUDED BUILDING OR PREMISES - BANK OR OFFICE - MERCANTILE DR MANUFACTURING (LESSORS RISK ONLY) OTHER THAN NOT - FOR - PROFIT INCLUDING PRODUCTS-COMPLETED OPERATIONS FORM 71-00295 (ED. 03/911 HOME OFFICE ISSUED fO/l1/93 "4 A_~._ <-- . , ,= 'I'r PENN NATIONAL , INSURANCE COMMERCIAL INLAND MARINE COVERAGE NEW DECLARATIONS P~... Net_ MIMI C"1lY IIlIllI'tlQ Com.." p."....lo.ISeclf11rIINlllDlCDllIplI" P.o,IoINI'HI!liIW'g,PA111Ci1 NON-ASSESSASLE 'PART DECLARATIONS POLICY NUMBER ...... POliCY Il!ftlOD T" COVERAGE IS PROVIDED IN AGENCY IR CL9 0037518 09/28/93 109/28/94 PA NATIONAL MUTUAL CAS INS CO 0000759 31 NAMED INSURED AN/) ADOIIESS AGENCY MEL SPOTTS EXCAVATING MURRAY INS ASSOC INC PO BOX 32 POBOX 1728 EAST EARL PA 17519 LANCASTER PA 17B03 POLICV PERIOD: POLICY COVEIIS FROM: 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED STATED AElOVe. FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIOE THE INSURANCE AS STATEO IN THIS POLICY, THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. CONTRACTOR'S EQUIPMENT ALL COVERAGE PARTS NOT OTHERWISE SPECIFIED PREMIUM $ 2.311. 00 s 200.00 $ S S S $ $ :fbf~Ab~Ar46~/:~~.'0M~bij:j81$td~~*d~~Al#i:!~:. ,:: .:,:".i2:~.1:t/~d'} ::. ': :: ,: :::::: :,": ::' ':: ,. ,':-~:: :::;:, :,: : '; ::, :,,".: .', ,,' .::. ,:" :,: : :- ':, ' ,,",,:' :,:,,:,,:,:,: :,~:: ,::- .:: ,: :,:,' FORMS APPLICABLE TO ALL COVERAGE PARTS: IM903 02/85 IM47 04/86 710082 0' /92 710371 08/92 UI259 01/87 710187 10/91 702589 10/89 11I10 0 08/84 11142 07/88 IM83 07/8B ~ir. e~'1:. Ne SIC CODE -... ;'I!~C' TAM 2 2 77 1794 N 998 COUNTERSIGNED BY: Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORMlSl. AND FORMS. IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. HOME OFFICE ISSUED 10/11/93 FORM 71-0031 lED. 03/93) "~f,""",-, . ~ ~ _.- -~ COMMERCIAL INLAND MARINE DECLARATIONS - CONTRACTOR'S EQUIPMENT POLICY NUMBER FROM pouev PERIOD TO COVERAGE IS ,PROVIDED IN AGENCY BR CLII 00375111 09/211/113 I 011/211/94 PA NATIONAL MUTUAL CAS INS CO 00007511 31 EACH ITEM THU IS COVERED MUST BE DESCRIBED BELDW.OR ON A SCHEDULE THAT IS A PART ~F THIS POLICY. A COVERAGE AMOUNT MUST BE SHOWN FOR EACH ITEM. THIS IS THE MOST THAT WE WILL PAY FOR A LOSS TO THAT ITEM. DEDUCTIBLE : $500 THE ABOVE DEDUCTIBLE AMOUNT WILL APPLY SEPARATELY TO EACH ITEM INVOLVED IN EACH LOSS AFTER ALL OTHER AO~USTMENTS HAVE BEEN MADE. COVERAGE AMOUNT ITEM DESCRIPTIDN OF EQUIPMENT I 1988 ~OHN DEERE EXCAVATOR 2 1989 CAT D3C BULLDOZER 3 198B CAT 953 LOADER 4 1989 BOMAG 1420 ROLLER COMPACTOR 5 1989 ~OHN DEERE MOL 855 LANDSCAPE 'TRACTOR V/811 YORK RAKE I 711 LOADER 8 STANLEY COMPACTOR (ATTACHMENT) 7 CONTENTS IN ITEM 18-~08 TRAILER 8 111113, ~OHN DEERE 4100 BACKHOE 1T041DDG793722 $ $ $ $ $ $ $ $ TOTAL AMOUNT OF INSURANCE s 45,000 34,000 75,000 18,000 7,800 4,000 2,000 71 1000 258,800 , .... "," ,'",,''' ,,': :': "',""~,', " " r~~ij;:~vA~Q'PRj1ltJM;~~~~Hi~~~@~li , ....,',.,....:s..".~..;.~fi;oli. ..,. ,.. ",.""".....,.,.."'. " ..",,".,"' ".", " . ". ..'. . ,,'. "...... " .:' :'..': ',:,,::',::, . "~:'.:: .,. : :::i:';;. .:."..<:>:~,;:":::.::>:::-:; '.:: :,.'" FORM 71-0125 lED. 11/911 HOME OFFICE ISSUED 10/11/93 ~<.I -"~ , ~ I ~, . " " .". ~~ ~,"~_M~". 'II'. .', PENN NATIONAL ~ INSURANCE Pe""sylYanie Nalional Mutuel Ca.ualty Insorance Co"",.ny Pllntl National SeClI(itV Insurance Company PO, Box 1361 Harrisburg, PA 11105.2361 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Thl. andoraament ohange. the policy effectlva on the Inc.ptlon date 01 the policy or .. of tha date Indicated balow. .CJ..~. q .O~. ~~ .1~. . . ?/2,6/~~. . . ~/.2~1.~4. . . . . . . P.... N_ Ell..;" i_a 9/26/93 . . 'E~~''';. . . . . . . . . . . . . . . . . . . . . . 'Elf-d';" . . ~ ~. ~Cf\V.\T.INO. . . . . . . . . . . . . . , . RUed" . ~T .~$..\S.S!)C .IJIC. . . OOQ P75~ . . . . . . . ...... 11/4/93 LAS ................................. . AuIhoriMd A..1IMft1at1w This endorsement modnies such Insurance as Is afforded by the provisions of the policy relallng to the following: COMMERCIAL INLAND MARINE POLICY LOSS PAYABLE,PROVISIONS SCHEDULE ~ A. Lender's Loss Payable _ B, Contract 01 sale Loss Payee JOHN DEERE IN>> EQltIPMENT CXlRP Address PO BOX 65090 WFST DES tr:lINES IA 50265-0090 Loss Payee applicable: APPLICABLE TO THE FOLLOWING PROPERTY Description Location Manufacturer I Amount of Type of of property Serial. Insurance Coverage 1993 JOBN DEBRB '1'041000793722 $71,000 <XlNTRACl'ORS 410D MClHO! I!QUtPMENT For covered property In which both you and a Loss Payee shown In the schedule or In the Declarations have an Insurable Interest. we win adjust losses with you; and pay any claim for loss or damage Jointly to you and the Loss Payee. as Interest may appear. RlIm 71.0181 (Ed. lOI9t) Page' 0/2 .,,!, '1'""' - " ,-- , . T. I ~ .~~~ MIS This endorsement changes the' Inland Marine coverage. II a coverage Is shown on \lit line below, this endorsement applies only to that coverage. IM....7 {Ed. ..... -PWIlIlEAll TIll. CAREFULLY- (IlIe \nfolmallal1 required beIaW may be shown on a sepntl scl1edule orsuPlllemantal Declarattons.l CL9 0 03 75 16 DEDUCfIBLE The fonowlng deductible amount will apply to each loss alter all other adjustments have been made. $ ~ IM....7 MIS ~ Copyrlllll 1188 ,.--" " I .. I~ , -" "..... , This Inland Marine coverage is subject to the terms shown below. The Inland Marine General Terms also apply. -PLEME READ THIS c:AREF1IW- MISCELLANEOUS PROPERTY COVERAGE (The InformallGri raqulrld below,"" III showII on . nparate aehtduJe or supplemental Declarations.) MIS CL9 0 03 75 16 IM_ (Ed. 2"1) DESCRIBED PROPERlY The covered property consists mainly of: CONTRACTORS MT!!r.JIJ.'.TNmI~ !lMAT.', '1M'$! ANDFDIlIPMENT , Coverage AmDunt $ A.OOO The most that we will pay for all covered property in the event of a loss Is: DEDUCTIBLE The following deductible amount will apply to each loss after all other adjust. ments have been made. s W\ COINSURANCE You must maintain a minimum coverage amount. This mInimum coverage amount Is the full actual cash value of all covered property. If the coverage amount at the time of loss is less than the minimum coverage amount, WI will pay only a part of a loss. Our part of the loss will be determined by dividing the coverage amount by the minimum coverage amount. This percent will be applied to the final ad. lusted loss to determine the amount that w. will pay. I PROPERTY COVERED, I We cover the described property that belongs to you. W. also cover similar property that belongs to others and for which you are Dable. L PERI~ COVERED W. cover direct physical loss to covered property unless the loss is caused by a peril that is ellcluded. The loss must be due to an external cause. l PERILS EXCWDED I w. do not pay for a Joss If one or more of the following ellcluded perils apply to the loss, regardless of other causes or events that contribute to or aggravate the loss, whether such causes or events act to produce the loss before, at the same time as, or after the ellcluded peril. We do not pay for a loss that results from: t. a dishonest or illegal act, alone or In collusion with another, by: a. you; b. ,others who have an Interest in the property; c. others to whom you entrust the property; or d. the employees or agents of a., b, or c., whether or not they are at work. IM.803 .,'""" ~ ~ =, 1.' w. do cover loss caused by dishonest acts by carriers or other ballees for hire. 2. swindling, fraud, trick or false pretense. 3. the acceptance of: a. counterfeit money or fraudulent post office or ellflress money orders; or b. checks or promissory notes which are not paid upon presentation. 4. mysteriOUS disappearance. 5. any cause when the only proof that a loss occurred is an Inventory shortage. 6. breakage of glass or similar fragile Items, WI do cover breakage if it Is caused by fire; lightning; windstorm, hall; earthquake; flood; smoke; explosion; aircraft, space- craft, self-propelled missiles or objects that fall from these Items; vehicles. Including an accident to a transporting vehicle; strike; riot; civil commotion; vandalism; theft; attempted theft; sprinkler leakage; or collapse of buildings. 7. a process to repair, adjust, service or maintain covered property. If a fire or ellplosion results. WI do cover the loss caused by the tire or ellplosion. 8. mechanical breakdown or failure. If a fire or ellp/osion reo sults, WI do cover the loss caused by the tire or ellplosion. @ Cap,rt,1lI 1. MIS -1- ,It PENN NATIONAL INSURANCE PtnnsviYInia Nthftl MutulI ca._ InsurlllClll CO"'Panv P,O, 1012'381 Hltrittlll", PA. UlD5-2381 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. l'hl. andonamant ohmllR tha policy effectlva on thalnoeptlon data 01 tha pollcy'or a. 01 tha data Indicated below. CL9 0 02 75 18 . , . ',.o.ICy Nu'. . . . . . . itt8ctiwi . . . . . . . .. 'E~pi~nO' . . . . . . . . . . . . . . . . li,u.dt~ . . . . . . . . . . . . . . . . . . '!~rM~~;"';' . . . . . . . . . . . . , '.' . . 'Eft.ctlve' . . . . . . . . . . . . . . . . . AD-;'" . , . . . . . . . . . . . . . . . . . . . '.' . . . 'Authori.d R.p~..~l~.' . . . . . . . . . . . Thla andoraemant modlflea auGh Inauranee a. Is afforded by the provisions of the policy relating to the Iollowlng: COMMERCIAL INLAND MARINE POLICY TOOLS AMENDATORY ENDORSEMENT Coverege I. emended as follows: PROPERTY COVERED We covered your portable tools and oqulpment valued less than $ 1.000 per Item or .at. Thi. include. their container., .pare parts, and accassorie.. We slso cover similar property that belongs to othera and for which you are liable. Form 70-298 (Ed. 1018S1 ---1 -"-- ~r - . PENN NAnoNAL INSURANCE l'onoIoylvlnil NIlIanII Mvw,l CatuIlIY IOIUlIl1tl CIImpany ""'" NIlionat SlIClltity ......1lCll Camlll'" 1100 DIII'f S\reot . Horlilbu!g PA 11104 Mill: P.O, 80112381 Zip 17!0&-2361 POLICY NUMBER CL9 0 03 75 16 NAME INSURED MEL SPOTTS EXCAVATING COVERAGE PARTS APFECTED CONTRACTORS EQUIPMENT THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. INLAND MARINE POLICY CHANGES POLICY CHANGE NUMB!" DOC n POLICY CHANGES EPFECTIVE 09/26/93 POLICY PERIOD 09/26/93 TO 09/26/94 AUTH RIZEO REPRESENTATIVE MURRAY INS ASSOC tNC 000 0759 CHANGES IT IS HEREBY AGREED FORM 71-0125 IS REVISED TO REFLECT THE FOLLOWING: ITEM #7 - CONTENTS IN ITEM #6 JOB-TRAILER IS AMENDED TO READ CONTENTS CONTAINED IN THE 1987 WELLS CARGO TRAILER VALUED AT $2,000. ITEM #8 - 1993 JOHN DEERE 4100 BACKHOE #T0410DG793722 IS AMENDED TO A VALUE OF $65.500. PREY P Fonn 71-0181 lEd. 10/911 '''''l " REVISED LIMIT - $251,300. PR 100 04/12/94 TLS Authorl.od ,,-"_dYe Slgnot.... I, '" . PENN NA110NAL INSURANCE CDMMERCIAL LINES PDLICY CDMMDN DECLARATIDNS RENEWAL OF CL8 0037618 ---,......-.-""'''''1 ,.NIIlnI..\,I.,I.......~ P .o.IoIlIII, . HatNtua. PA 1JtCl NON-ASSESSABLE ICY NUMBEII ....iu POLICY '."100 ." COVERAGE IS PROVIDED IN AGENCY .11 ClI 0037518 01/28/84 108/28/95 PA NATIONAL MUTUAL CAS INS CO 00007511 ~1 NAMED INSURED AND ADDIIESS AGENCY MEl SPOTTS EXCAVATING MURRAY INS ASSDC INC PO BOX 32 P 0 BDX 1728 EAST EARL PA 17619 LANCASTER PA 17808 PO~ICY PERIOD: POLICY COVERS FROM: 12:01 AM STANDARD TIME AT TIE ADDRESS OF THE INSURED STATED ABOVE. FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RElURN FOR PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU 'TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ~JUSTMENT. PREMIUM COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART $ 422.00 $ s 3.134.00 2,481.00 $ $ s $ $ INSTALLMENT SERVICE FEE $ 10.00 FORMS APPLICABLE TO ALL COVERAGE PARTS: IL0017 11/85 ILD248 08/89 710477 05/113 IL0910 01/81 702290 ILOl72 12/88 11/83 ,Ie ...,IJ:. NC "C CODa .u,.~'l:. 2 2 77 1794 N 898 COUNTERSIGNED, BY: Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORMIS; AND FORMS, IF Am, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. FORM 71-0025 lED. D3/911 HOME OFFICE ISSUED 10/14/94 """~___,Jl",:""""'""",,,~,-=,~_~"_ ,'~~ ,..,~., , , , . PENN NATIONAL INSURANCE __'......c.oIyl_ComootoI ....NItiwlII....., 1_ Com"" filA...' ........'" 17,. COMMERCIAL PROPERTY COVERAGE pART DECLARATIONS RENEWAL OF CL9 0037518 NON-AlaSSABLI! POLICY NUMBI!R ........ ~ICY "'''100 ,. COVERAGE IS PROVIDED IN AGENCY IR CL9 0037li18 09/28/04 100/28/05 PA NATIONAL MUTUAL CAS INS CO 0000758 ~1 NAMED ,INSURED AND ADDRESS AGENCY MEL SPOTTS EXCAVATING MURRAY INS ASSOC INC PO 80X 32 P 0 ,BOX 1728 EAST EARL PA 17519 LANCASTER PA 17808 POLICY PERIOD: POLICY COVERS FROM: 12.01 A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED STATED ABOVE. FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY, DESCRIPTION OF PREMISES AND COVERAGES PROVIDED INSURANCE AT THE DESCRIBED PREMISES APPLIES ONLY FOR THE COVERAGES SHOWN: PREMISES NO. I : 1298 MARTIN STREET DEDUCTIBLE: '250 EAST EARL LANCASTER CO PA 17519 BUILDING NO.: 1 PROTECTION CLASS: 09 CONSTRUCTION: FRAME OCCUPANCY: OFFICES, OTHER THAN GDVERNMENTAL COVERAGE: YDUR BUSINESS PERSONAL LIIIT DF INSURANCE: $2,000 REPLACEMENT CDST PROPERTY CDINSURANCE: 80S CDVERED CAUSE DF LDSS: SPECIAL fORM SEE SUPPLEMENTAL DECLARATIONS, FORM 71-00275 , :c;;~)IIi,t~IJj~b@iibH, FORMS APPLICABLE TO THIS COVERAGE PART: CP0090 07/88 CP1030 10/11 CP0010 10/91 710218 10/93 '- ~~ ..~~~ TM. SIC CDCI ~Il~~ 2 2 77 1794 N 998 COUNTERSIGNED BY: Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS. COVERAGE PART COVERAGE FORM( AND FORMS. IF ANY, ISSUED TO FORM A PART THEREOF. COMPLETE THE ABOVE NUMBERED POliCY. FORM 71-0027 (Ed. 03/91) HOME OFFICE ISSUED 10/14/9j "'""l ~""<,.- "'-~-',"- ~'r ~- '"'~I-"1 COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL DECLARATIONS NU BE ""OM POLity '."100 TO OVERAGE I PR VIDEO IN IR CL8 0037518 08/28/84 08/28/85 PA NATIONAL MUTUAL CAS INS CO DESCRIPTION. OF PREMISES AND COVERAGES PROVIDED INSURANCE AT THE PESCRIBED PREMISES APPLIES ONLY 'OR THE COVERAGES SHOWN: PREMISES NO. 2 : 1254 EAST EARL ROAD DEDUCTIBLE: S250 EAST EARL LANCASTER CO PA 17518 BUILDING, NO.: 1 PROTECTION CLASS: 08 CONSTRUCTION: ~OISTED MASONRY OCCUPANCY: CONTRACTORS EXCAVATION EQUIPMENT, STORAGE COVERAGE: 8UILDING LIMIT OF INSURANCE: $7.200 REPLACEMENT COST COINSURANCE: SOl COVERED CAUSE OF LOSS: SPECIAL FORM BUILDING NO.: 2 PROTECTION CLASS: 09 CONSTRUCTION: ~OISTEO MASONRY OCCUPANCY: OFFICES. OTHER THAN GOVERNMENTAL COVERAGE: BUILDING LIMIt OF INSURANCE: S8S,500 REPLACEMENT COST COINSURANCE: BOI COVERED CAUSE OF LOSS: SPECIAL FORM BUILDING NO.: . 3 PROTECTION CLASS: 09 CONSTRUCTION: FRAME OCCUPANCY: CONTRACTORS EXCAVATION EQUIPMENT STORAGE COVERAGE: BUILDING LIMIT OF INSURANCE: S4.S00 , REPLACEMENT COST COINSURANCE: SOl COVERED CAUSE OF LOSS: SPECIAL FDRM FORM 71-00275 (Ed. 03/91) HOME OFFICE, ISSUED 10/14/94 "'"..,. ~, POLICY SCHEDULE OF ~AMES AND ADDRESSES CLa 0037511 08/21/84 08/21/85 ""OM 'OLICY PlIUOD TO PA NATIONAL MUTUAL CAS INS CO THE FOLLOWING ARE INSUREDS ON THIS POLICY COMMERCIAL PROPERTY NAMES AND ADDRESSES PREMISES NO.: 2 BLUE BALL NATIONAL BANK PO BOX 580 BLUE BALL PA 17508 MORTGAGEE ALL BUILDINGS fORM 71-0021 {ED. 03/91/ HOME OFFICE ISSUED 10/14/94 . '1 -~., ~,' ~'_.', ~ , , '., . PENN NAllONAL COMMERCIAL INSURANCE GENERAL LIABILITY COVERAGE PART OCCURRENCE POLICY RENEWAL Of CLI 0037518 DECLARATIONS __'_c..,,__ .....___c..... 11.0. ....,......... ~A 17101 NON-ASSUSA8L1 THIS POLICY IS SUBJECT TO A GENERAL AGGREGATE LIMIT l'()L.c:v NUMIER .._.. 00<'" '"RIO' .. COVERAGE IS PROVIDED IN AGiNCY IIA eLl 0037518 01/28/114 101/28/115 PA NATIONAL MUTUAL CAS INS co 000075" NAMED IN8UIlED AND ADDIlESS AGENCY MiL SPOTTS EXCAVATING MURRAY INS ASSOC INe PO BOX S2 POBOX 1728 EAST EARL PA 17519 LANCASTER PA 17808 POLICY PERIOD: POLICY COVERS 'ROM: 12:01 ....M. STANDARD TIME AT THE ADDRESS OF THE INSURED STATED ABOVE. FOIlM 01' BUSINesS: INDIVIDUAL IUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM, ANO SUSJECT TO ALL THE TERMS OF. THIS POLICY, WE AGREE WITH YOU TO PROVIOE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT 10THER THAN PRODUCTS - COMPLETED OPERATIONS) PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT FIRE DAMAGe LIMIT, ANY ONE FIRE MEDICAL EXPENSE LIMIT, ANY ONE PERSON $ $ $ $ $ $ 1,000,000 1,000,000 500,000 500,000 50,000 5,000 PREMIUM INFORMATION CODE PREMIUM BASIS PER RATES AOVANCE PREMIUM PREMS/OPS PRODUCTS PREMS/OPS PROOUC' SEE SUPPLEMENTAL DECLARATIONS. FORI 71-00295 ';:;\ll\liilt:;;;::;~;tIi~"'. "ORMS APPLICABLE TO THIS COVERAGe PART: CG2503 11./ 85 CG2504 11/85 IL0021 11/85 CG0001 11/88 CG2150 09/89 C021..9 11/88 I "~'1:. .... tiC coal ._;.;.. :'.~DM 2 2 77 1794 N 998 COUNTERSIGNED BY: Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONOITIONS, COVERAGe PART COVERAGE FORf./ AND FORMS, IF ANi, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. FORM 71-0029 lEd. 03/91) HOME OFFICE ISSUED 10/14/9 """1' ~;i ~, ' """' -,~ ~~~ .,." I, "--'J , ~ ,{,., COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS ICY NUMBER '11I0" POliCY ""leD TO COVERAGE PROVIDED IN AENY R Cll 0037518 09/28/14 01/28/95 PA NATIONAL MUTUAL CAS INS CO PREMISES NO. 1 1218 MARTIN STREET EAST EARL LANCASTER CO PA 17611 RATES ADVANCE PRElIUI CODE PREIIUM BASIS PER PREMS/OPS PRODUCTS PREIS/OPS PRODUCTl 14007 lB,500 PAYROLL 1000 VARIOUS VARIOUS INCLUDED INCLUDEI EXCAYA TION RATES ADVANCE PREUUM CODE PREIIIUM BAS IS PER P REIIS/OP S PRODUCTS PREMSIOPS PRODUCT: 85410 18,500 PAYROLL 1000 VARIOUS VARIOUS INCLUDED I NCLUDEI GRADING OF LAND PREMISES NO. 2 1254 EAST EARL ROAD EAST EARL LANCASTER CO PA 17518 RATES ADVANCE PREIIUI CODE PREMIUI BASIS PER PREMSIOPS PRODUCTS PREIIS/OPS PRODUCT B1212 4. UB SQUARE FEET 1000 VARlOUS INCLUDED BUILDING OR PREMISES - BANK OR OFFICE - IERCANTILE DR MANUFACTURING (LESSORS RISK ONLY) OTHER THAN NOT - FOR - PROfIT INCLUDING PRODUCTS-COMPLETED O~ERATIONS FORM 71-0029S (ED. 03/911 HOME OFFICE ISSUED 10/14/9~ C~._1 _ "~<,< _ - "--, ,~ ,,- . PENN NAllONAL INSuRANCE CO'MERCIAL INLAND MARINE COVERAGE PART DECLARATIONS RENEWAL OF CL9 0037518 '__M...,c-",__ ----- ".0.""" HInIINI.'.;7fOI NON-ASSESSABLE POLICY NUMBER ....... ,oLle\, '."IOD M COVERAOE IS PROVIDED IN AGENCY BR CL9 0037518 09/28/94 109/28/95 PA NATIONAL MUTUAL CAS INS CO ~OOO7l51 1 NAMED INSURED AND ADDRESS AOENCY MEL SPOTTS EXCAVATING MURRAY INS ASSOC INC PO BOX 32 P 0 BOll 1 72S , EAST EARL PA 17511 " LANCASTER PA 1780S POLICY PERIOD: POLICY COVERS FROM: 12:Dl A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED STATED ABOVE. FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RI:l\JRN FOR PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. CONTRACTOR'S EQUIPMENT ALL COVERAGE PARTS NOT OTHERWISE SPECIFIED PREMIUM $ 2,281.00 S 200.00 S $ S $ S $ ,I FORMS APPLICABLE TO ALL COVERAGE PARTS: !M903 02/85 IM47 04/88 710082 01/92 710371 08/U IM259 01/87 710187 10/91 1142 07/88 1183 07/88 U100 08/84 :In ."11. Ne lie COOl .....'1-. 2 2 77 1794 N 998 COUNTERSIGNED BY: Authorized Repres.nutlve THeSE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORM(l AND FORMS, IF Am. ISSUED TO FORM A PART THEREOF. COMPLETE THE ABOVE NUMBERED POLICY. FORM 71-0031 (EO. 03/911 HOME OFFICE ISSUED 10/14/94 O!'f'~l",=," "~', "r < ~ , I . COMMERCIAL INLAND MARINE DECLARATIONS - CONTRACTOR'S EQUIPMENT POLICY NUMBER F"OM POLICY ....IOD TO COVERAGE IS PROVIDED IN AGENCY I IR CLI 003751. Ot/28/114r 01/28/11S PA NATIONAL MUTUAL CAS INS CO 000015; 1 EACH ITEM THAT IS ~OVERED MUST BE DESCRIBED BELOW OR ON A SCHEDULE THAT IS A PART OF THIS POLICY. A COVERAGE AMOUNT MUST BE SHOWN FOR EACH ITEM. THIS IS THE MOST THAT WE WILL PAY FOR A LOSS TO THAT ITEM. DEDUCTIBLE : $500 THE ABOVE DEDUCTIBLE AMOUNT WILL APPLY SEPARATELY TO EACH ITEM INVOLVED IN EACH LOSS AFTER ALL OTHER AD~USTMENTS HAVE BEEN MADE. COVERAGE AMOUNT ITEM DESCRIPTION OF EQUIPMENT 1 1988 ~OHN DEERE EXCAVATOR 2 1989 CAT D3C BULLDOZER 3 1188 CAT 953 LOADER 4 1989 BOMAG t42D ROLLER' COMPACTOR 5 1988 ~OHN DEERE MOL 855 LANDSCAPE 'TRACTOR W/89 YORK RAKE I 78 LOADER B STANLEY COMPACTOR (ATTACHMENTI 7 CONTENTS CONTAINED IN THE t987 WELLS 'CARGO'TRAILER 8 t993 ~OHN DEERE 410DBACKHOE 1104 t ODG793722 $ $ S S S S $ s TOTAL AMOUNT OF INSURANCE $ 45.000 34.000 75,000 18,000 7.800 4,000 2.000 85,500 251.300 ~'~]t_lf':;0IX'\~~'; FORM 71-0t25 (ED. tt/911 HOME OFFICE "':::r~'";~~'I~ .', - . ~ ~-~1 , , PI ISSUED 10/t4/94 POLICY SCHEDULE OF NAIIES AND ADDRESSES ,"eN POLleY ,..,100 TO COVER" E PR VIDED IN "GEN V BR P L NUMBER 1 CL9 0037518 09/28/84 08/28/95 PA NATIONAL MUTUAL CAS INS CD THE FOLLOWING ARE INSUREDS ON THIS POLICY COMMERCIAL INLAND MARINE NAMES AND ADDRESSES PREMISES NO.: 1 BUILDING NO.: 1 ~OHN DEERE IND EQUIPMENT CORP PD BOX 85080 WEST DES IOINES IA 50285 LOSS PAYEE SEE 71-0187 10/91 FORM 71-0028 lED. 03/91l HOME OFF ICE ISSUED 10/14/94 -1 . ^,-., _...". ~ .. ~",_, . 'I 0,__'_ ~ , - .' ,,', PENN NATIONAL , INSURANCE , POMsylvonia National Mut...1 Casually Insurance Company Penn Natianal Setulily Insur8l1t8 Company P.O.Bo. 2361 Harrisb\llQ. PA 171IJS.2361 THIS ENDORSEMENT CH.ANGES THE POLICY. PL.EASE READ IT CAREFULLY. Thle endor..ment chengeethe policy effective on the Incepllon d.t. of the policy or ae of the date Indlceted below, eL9 0 03 n l' "26-9' 9-26-95 1111:. arorrs IXCAYA!lllG ., .P.;.;.N.'........ "r~"""'" '~':'" 9-26-9- . . '~''';. . . . . . . . . . . . . . . . . . . . . . 'E"_~' . lo--a6-94 III '...".........~.;.............,.. IIUW t lIS ASIOC DIe 0000159 ...............~................. ........... ......................, A_Rooo__ This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMMERCIAL INLAND MARINE POLICY LOSS PAYABLE PROVISIONS SCHEOULE Loss Payee applicable: ~ A. Lender's Loss Payable _ B. Contract ot sale "QUI DIIRI m lQUUMIII'r COIP PO lOX 65090 __10 ilia JI\OlJIU IA ,ul6:rwllll Loss Payee Address APPLICABLE TO THE FOLLOWING PROPERTY Description Location Manufacturer I Amount of Type of of property Serial' Insurance Coverage 1993 JCIDI IlIIIB 'lOUOtlGT93TU *'5,500 IXlI'rJIAC'laIS UClD 1AClH0I IQIllPllD'f For covered property In which both you and a Loss Payee shown In the schedule or In the Declarations have an Insurable Interest. we will adjust losses w"h you; and pay any claim for loss or damage jointly to you and the Loss Payee. as Interest may appear. Foml71.o187(Cd. 10.91) Page 1 012 <-r ~ MIS this endorsement changes the Inland Marine coverage. If a coverage Is shown on the line below. this endorsement applies only to that coverage. CL9 0 03 15 16 -PLEASE READ 1MIS CAREfULlY- (lbe intormallan required belaw may be shown on a SllJl/ate schedule or SUllPlemental Dedantlons,) DEDUCTIBLE The loUowing deductible amount will apply to each loss alter all other adjustments have been made. $ IM-47 MIS IM-47 (Ed. 4-18) 500 @ Copyright 1986 I '~~r'" , ,-' - ~ MIS This Inland Marine coverage is subject to the terms shown below. The Inland Marine General Terms also apply. CL9 0 03 15 16 -PlEASI READ THIS CAREFUUY- MISCELLANEOUS PROPERTY COVERAGE (The Informa1lon IIDulred below may be shown on a separate schedule or supplemental Declarations.) IM.9oa lEd. 2-1&) DESCRIBED PROPERTY The coverm~~=~sts mainly of: CONTRACTORS MISCELLANEOUS SMALL TOOLS The most that WI will pay for all covered property In the event of a loss Is: DEDUCTIBLE The following deducllble amount will apply to each loss after all other adjust- ments have been made. Covltlge Amount S 8,000 s 500 COINSURANCE You must maintain a minimum coverage amount. This minimum coverage amount is the full actual cash value of all covered property. If the coverage amount at the time of loss is less than the minimum coverage amount. we will pay only a part of a loss. Our part of the loss will be determined by dividing the coverage amount by the minimum coverage amount. This percent will be applied to the final ad- justed loss to detennine the amount that WI will pay. l PROPERTY COVERED We cover the described property that belongs to you. We also cover similar property ~I belongs to others and for which you are liable. [ PERILS COVERED We cover direct physical loss to covered property unless the loss is caused by a peril tIlat is excluded. The loss must be due to an external cause. [ PERILS EXCLUDED We do not pay for a loss If one or more of the fonowing llXCluded perils apply to the loss, regardless of other causes or events that contribute to or aggravate the loss, whether such causes or events act to produce the loss before. at the same time as, or after the excluded peril. We do not pay for a loss that results from: 1. a dishonest or illegal act, alone or in collusion with another, by: a, you; b. others who have an interest in the property; c. others to whom you entrust the property; or d. the employees or agents of a., b. or c., whether or not they are at woll<. IM-9D3 -'"'~1' . ' , ','T-'_ WI do cover loss caused by dishonest acts by carriers or other bailees for hire. 2. swindling. fraud, trick or false pretense. 3. the acceptance of: a. counterfeit money or fraudulent post office or express money orders; or b. checks or promissory notes which are not paid upon presentation. 4. mysterious disappearance. 5. any cause when the only proal that a loss occurred is an inventory shortage. 6. breakage of glass or similar fragile items. We do cover breakage if it is caused by fire; lightning; windstorm, hail; earthquake; !Iood; smoke; explosion; aircraft. space- craft, self.propelled missiles or objects that faU from these items; vehicles, including an accident to a transporting vehicle; strike; riot; civil commotion; vandalism; theft; attempted theft; sprinkler leakaQe; or collapse of buildings. 7. a process to repair, adjust, service or maintain covered property. If a fire or explosion results. we do cover the loss caused by the fire or explosion. 8. mechanical breakdown or failure. If a fire or explosion reo suits, wado cover the loss caused by the fire or explosion. @ Co~,rlgbl 1985 AAIS -1- ...... iF " ," PENN NAnoNAL' ;; INSURANCE THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. ""'nl'/fvlllii NetlGnallAu1..i Ca.ualty In....n" Company Penn HatIwI StaIrily """"""', CDmpeny l1JllIlolTyStreet. WenisllllrgPA171lM M,II: P.O. BOll 2381 lip 17\0&-2361 INLAND MARINE POLICY CHANGES POLICY CHANGE NUMBEI' 1 POLICY NUMBER POllCV CHANGES EFFECTIVE POLICY PERIOD (1.9 0 03 75 16 NAME INSUIIED 9/26/94 9/26/94 TO 9/26/95 AUTHORIZED REPIIESENT A TIVE MEL ::u-Ol.l"l:i UClVATIlIG MURRAY IRS ASSOC IllC 000 0759 COVERAGE PARTS AfI'ECTEO aJITIACl'OIS QJIPHENT CHANGES '1'I:IE OOVWGE 00uftI$ 01 ~1lK 7l-<l125 AU IIElEBY AMPJfDED AS POLUiws: 1. PIOM $45,000 TO $40,000 2. PIOM $34,000 '1'0 $29,000 3. n.CJI $75,000 '1'0 $65,000 '1'IlE mAL AIOJ)I'l' OF IMSUlAICE IS ~T AMllMDED'TO $231,300 II LlElJ OF $251,300 ITEK 17 nESCUmOlfS IS HERImr AHl!JlDED TO READ: carrms CXlIfl'ADIED IK THE 1989 'W!LLS CAlGO TRAILl!I $179 IET'll1lI P1llKIUM 11/10/94 LAS Authori3:8d Aepreaentltive Slgneturt ~'I ... PENN NAl1oNA1. WIt INSURANCE ------ .............-- c...r ,"'. ....,........ Hot71....' COMMERCIAL LINES POLICY CallaN DECLARATIONS AIENDMENT OF POLICY EFFECTIVE: SEPT 28, 1994 ,.' " NON-ASSESSAlIl.E POLICY NU~IER ..~ ..."" '".'OU ," COVERAGE IS PROVIDED IN AClENCY IIR ClI 0037518 08/28/14 101/28/85 PA NATIONAL MUTUAL CAS INS CO oooonep 1 NAMED INSURED AND ADDRESS AGENCY IEl SPOTTS EXCAVATING IURRAY INS ASSOC INC MEl SPOTTS T/A POBOX 1728 PO BOX 32 LANCASTER PA 17808 EAST EARL PA 17519 It Is Igreed that this policy I. hereby Imended III IndiClted below: THE NAMED INSURED AND/OR MAILING ADDRESS IS CHANGED. FOR ALL COVERAGE PARTS. THE FOLLOWING COVERAGE PART WAS AMENDED WITH A PREMIUM CHANGE: PREIIUI NEW ANNUAL PREMIUM $5,838.00 TOTAL PREMIUM THIS ENDORSEMENT ADD IT IONAL PREMIUII o 0 l THIS ENDORSEMENT IS SUBJECT TO THE DEC~ARATIONS. CONDITIONS AND OTHER TEAMS OF M POLICY WHICH ARE NOT INCONSISTENT HEREWITH AND WHEN COUN-reRSIGNED BY AN AlJTHORIZEC REPRESENTATIVE OF THE CO'-"ANY, FORMS A PART OF M PO~ICY DESCRIBED HEREIN. PRO-RATA PERCENTAGE: 1 00 . 01 SIGNATURE OF AUTHORIZED REPRESENTATIVE ,..,............ ...,.. nnl!l'n "....J """'1"\4' unlH' n~~',.~ '~!lllFIl O!!/OS/9S '""l~~Jlf!lmI' _" I' 11 , ' -- 1- ~-. "-',,< 'I" PENN NATIONAL 1 INSURANCE Ml'I,..1\i8 National MutuoI CaulIty IIIIUII... Co_ M NIllona1 Sacurily InIWIIICI Cclml>MY 1!1OO OIrry S1reot . IIIrrIaluv PA 171 04 MliI: P,O.lb< 2381 Zl~ 171115-2381 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. INLAND MARINE POLICY CHANGES 2/22/95 III POLICY NUMBER CL9 0 03 7S 16 NAME INSURED MIL SlOUS DCAVATllfC, HIL SfOUI 'f/A PO 101 32 lAST BAaL fA 17S19 COVERAGE PAllTS A~ECTED POLICY CHANGES EFFECTIVE 9/26/94 CHANGES POLICY CHANGE NUMBE~ 2 POLICY PERIOO 9/26/94 TO 9/26/95 AUTHORIZED REPflESENT A TIVE KUUAt 1.5 ASSoe IIC 000 0759 FOlK 70-2589 10/49, TOOLS JMmIb4TOI.'l DDT, IS BDBB'l ADDED AID ATf.l.l'!II1m to TB POLICY. 10 CBAJlCE I. I'&IIIll1M. ,-- - T."-' Authorlzld Rlprlllntltlvl Slqneturl -~ 'I'r PeNN NATIONAL 1 INSURANCE . MSVlvlnil Nltionll MuwII CIIuIIty IRlUfIIlCl c:orr."., po, \lo.m, -I.'~ 1l1QS.21111 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFUUY. TIt. endomment "'.nfll. .... policy .n.ctIve 011I the Incaptlon date of the policy Dr .. of the dllle IndlcatAld below. CL9 0 03 75 16 9/26/94 9/26/95 . . . 'PrO&ICv........ . . . . . . iffiaaiW . , . . . . . . '...hi..' . ",. .I~",.", ,.,..,.,.,.", .~~~~~~~ IndotMm_ No. .Wtali" MIL SPOTTS UCAVATIIC. MIL DOTTS ". T'/''''......,'' ~,.j..;..""""""'" MDIIAt tiS ~~SOC tHC 000 0759 ,..".,,'..,,'. .....;.."..."'."'..' . . . . . . . . . . . 'AU.hori";dA__"~' . . . . . . . . . . . Tnls endorsement modifle. su~h Insuran~e s. Is afforded bV, the provisions of the poli~v relating to the following, COMMERCIAl'INLAND MARINE POLICY TOOLS AMENDATORY ENDORSEMENT Coverage. is amended as follows: PROPERTY COVEREO We covered your portable tools and equipment valued less than $ 1.000 per Item Or set. Thla includea their containers, spare parts, and a~cessories. We also cover similar property that belongs to others end for which you are liable. form 70-258. fEd. 1011191 ,,- , '"I ~. " ~.."""",,,"~ . PeNN NAllONAL INSURANCE COMMERCIAL LIMES POLICY COMMON DECLARATIONS RENEWAL OF CL9 0037518 " PtlNtt.......1 MlMIc..ay___~ ""'__'.......eo.-. p,a....1...........'..1nc11 NON-ASSESSABLE POLICY NUMBER n~'" POLICY '1"100 TO COVERAGE IS PROVIDED IN AGENCY BA CL8 0037518 08/28/85 108/28/88 PA NATIONAL IUTUAL CAS INS CO 0000758 ~1 NAMED ,INSURED AND ADDRESS AGENCY IEL SPOTTS EXCAVATING MURRAY INS ASSOC INC IEL SPOTTS T /A POBOX 1728 PO BOX 32 LANCASTER PA 17808 EUT EARL PA 17519 POLICY PERIOD: POLICY COVEAS FROM: 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED STATED ABOVE. FORM OF BUSINESS: INDIVIDUAL BUSINESS ceSCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF TIoE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOW~NG COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART B 485.00 $ B 3,388.00 2,378.00 B B B B B INSTALLMENT SERVICE FEE S 18.00 FORMS APPLICABLE TO ALL COVERAGE PARTS: IL0017 11/85 IL0248 08/89 710477 IL0910 05/93 01/81 710578 05/94 lLDI72 11/93 ~~~ ,.~~~ TMe SIC COQI ~1I~t 2 2 77 1794 N 997 COUNTERSIGNED BY; Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORMlSI AND FORMS, IF Am, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMSERED POLICY. "4'_1'''''''_'''''''~ '~_',' ~""'1 ,. , ~~- POLICY SCHEDULE OF NAMES AND ADDRESSES POliCY NUMBtiR '~Olll 'G'.,ICV ""~ TO COVERAGE IS PROVIDED IN AGENCY BIl CL8 0037518 08/28/85 I 08/28/88 PA NATIONAL MUTUAL CAS INS CO 0000759 31 , " THE FDLLOWING ARE INSUREDS DN THIS PDLICY COMMERCIAL LINES POLICY COMMON NAMES AND ADDRESSES MEL SPDTTS T/A IEL SPOTTS E~CAVATING I/OR IEL SPDTTS , BETTE SPDTTS, ATIMA CONTINUED NAMED INSURED "4 _, ~nD. ~i_nft~. len ft~'ft.' '0- ..~..- ---...-- \It PENN NATIONAL . INSURANCE __.....c-.._"-'i ...--.'-~ P,O. ...t........ PA t7TDr CO'MERCI~L PRO_ERT' COVER~GE P~RT DECLARATIONS RENEWAL OF CL9 0037518 NON-ASSESSAlILE POLICY NUMBER CL9 0037518 NAMED INSURED AND ADDRESS tEL SPOTTS EXCAVATING Mn SPOTTS T / A PO BOX S2 EAST EARL PA 17519 AGENCY MURRAY INS ASSOC INC POBOX 1728 LANCASTER PA 17808 'OLICY "I!"IOD COVERAGE IS PROVIDED IN PA NATIONAL MUTUAL CAS INS CO 09/28/95 09/2B/98 POLICY PERIOD: POLICY COVERS FROM: 1 2;0 1 A.M. ST ANOARO TIME AT THE ADORESS OF THE INSURED STATED AllOY&. ~ORM OF BUSINESS: J NO IV I D U A L BUSINESS DESCRIPTION: R E 51 0 E N T U L EX CA VA 11 N G IN RETURN FOR PAYMENT OF THE PREMIUM. AND SU13JECT TO ALL THE TERMS OF THIS POLICY. we AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. DESCRIPTION OF PREMISES AND COVERAGES PROVIDED INSURANCE At THE DESCRIBED PREMISES APPLIES ONLY FOR THE COVERAGES SHOWN: PREUSES NO. 1 : 1298 MARTIN ST DEDUCTIBLE: $250 EAST EARL LANCASTER CO PA 11519 BUILDING NO.: 1 PROTECTION CLASS: 09 CONSTRUCTION: FRAME OCCUPANCY: OFFICES. OTHER THAN GOVERNMENTAL COVERAGE: YOUR BUSINESS PERSONAL LIMIT OF INSURANCE: $2,200 REPLACEMENT COST PROPERTY COINSURANCE: aos COVERED CAUSE OF LOSS: SPECIAL FORM SEE SUPPLEMENTAL DECLARATIONS, FORM 71-00275 il:ORMS APPLICABLE TO THIS COVERAGE PART: CP0090 07/88 CP1030 10/91 CPoOl0 10/91 710218 10/93 , ~l~ I "~~~I! 'Me SIC ~ODe: ~.N.~. T M I 2 2 77 1794 N 997 COUNTERSIGNED BY: Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS. COVERAGE PART COVERAGE FORM(SI. AND FORMS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. ............ -. ........ -- .-. - - ..... .. ,,""'" ~~ . r' TIf I-~' , ~~, " _.-~ ~~ COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL DECLARATIONS POLICY NUMBER ,,.0.. .'OLley ,'.11100 fO COVERAGE IS PROVIDED IN AGENCY BR CL9 0037518 09/28/95 I 09/28/98 PA NATIONAL MUTUAL CAS INS CO ~00075S 31 , " DESCRIPTION OF PREMISES AND COVERAGES PROVIDED INSURANCE AT THE DESCRIBED !'REMISES APPLIES ONLY FOR THE COVERAGES SHOWN: PREIISES NO. 2 : 1254 E EARL RD DEDUCTIILE: $250 EAST EARL LANCASTER CO PA 17519 BUILDING NO.: 1 PROTECTION CLASS: 09 CONSTRUCTION: ~OISTED MASONRY OCCUPANCY: CONTRACTORS EXCAVATION EQUIPMENT STORAGE COVERAGE: BUILDING LIIIT OF INSURANCE: $7,500 REPLACEMENT COST COINSURANCE: 801 COVERED CAUSE OF LOSS: SPECIAL FORM BUILDING NO.: 2 PROTECTION CLASS: 09 CONSTRUCTION: ~OlSTED MASONRY OCCUPANCY: OFFICES, OTHER THAN GOVERNMENTAL COVERAGE: BUILDING LIMIT OF INSURANCE: $118.500 COINSURANCE: 801 REPLACEMENT COST COVERED CAUSE OF LOSS: SPECIAL FORM BUILDING NO.: 3 PROTECTION CLASS: 09 CONSTRUCTION: FRAME OCCUPANCY: CONTRACTORS EXCAVATION EQUIPMENT STORAGE COVERAGE: BUILDING LIMIT OF INSURANCE: $5.000 COINSURANCE: 801 REPLACEMENT COST COVERED CAUSE OF LOSS: SPECIAL FORM FORM 71-00275 lEd. O::!/~ 1) ......... -...-....... . ."-- ~-~ ... < - .." " POLICY SCHEDULE OF NAMES AND ADDRESSES '''OM 'OLIC't "'''100 TO AGENCY BR PA NATIONAL IUTUAl CAS INS CO 000075 31 Cll 0037518 09/28/95 01/28/18 THE FOLLOWING ARE INSUREDS ON THIS POLICY COMMERCIAL PROPERTY NAMES AND ADDRESSES PREMlSES NO.: 2 BLUE BALL NATIONAL BANK PO BOX 580 BLUE BALL PA 17508 MORTGAGEE ALL BUILDINGS I, " P""'......... "ft."" I..... .....,.., 01 _ I~~ '.-1 '" PENN NATIONAL COMMERCIAL . ' INSURANCE __.....c-",-c..o.., --......"""...- p.o..._ tHlmlbl4'I. ,,. GENERAL LIABILITY COVERAGE PART OCCURRENCE POLICY RENEWAL OF CL9 0037518 DECLARATIONS NON-ASSESSABLE THIS POLICY IS SUBJECT TO A GENERAL AGGREGATE LIMIT POLlCY NUMBER ..^u fJOllC'l' P._lOO '" COVERAGE IS PROVIDED IN AGENCY I BR eLlI 0037518 09/28/95 109/28/98 PA NATIONAL MUTUAL CAS INS CO ~00075' 1 NAMED INSURED AND ADORESS AGENCY IEL SPOTTS EXCAVATINO IURRAY INS ASSOC INC IEL SPOTTS T/A POBOX 1728 PO BOX 32 LANCASTER PA 17808 UST EARL PA 17519 POLICY PERIOD: POLICY COVERS FFlOM: 12:01 AM. STANOARD TIME AT THE AOORESS OF THE INSUREO STATEO ABOVE. FORM OF IlUSINESS: IN D I V I DUA L BUSINESS DESCRIPTION: RES IDE N T U L EX CA VA T1 N 0 IN RETURN FOR PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT lOTHER THAN PRODUCTS - COMPLETED OPERATIONS) PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT FIRE DAMAGE LIMIT, ANY ONE FIRE MEDICAL EXPENSE LIMIT, ANY ONE PERSON . s s s s s s 1,000,000 1,000,000 500,000 500,000 50,000 5,000 PREMIUM INFORMATION CODE PREMIUM BASIS PER RATES ADVANCE PREMIUM PREMS/OPS PRODUCTS PREMS/OPS PRODUCTS SEE SUPPLEMENTAL DECLARATIONS, FORM 71-00295 ORMS APPLICABLE TO THIS COVERAGE PART: CG2503 11/85 CG2504 11/85 IL0021 11/85 C00001 11/88 C02150 09/89 C021411 11/88 .... ~I~ e~'115 'Me SIC cooe TU~N..~ 2 2 77 1794 N 997 COUNTERSIGNED BY: Authori~ed Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLlCY CONDITIONS, COVERAGE PART COVERAGE FORM(SI, AND FORMS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLlCY, 11_...... .............. ..__...._ ...,..,.,,,,,1/: "'~T'""!"- --~, ,__~""....~~ ,~ , ,. , . .~ ,-.-- ~ >=II"''''''',_,~_ COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS POLICY NUMBER PROM 1I0LlCY PE'UOO TO COVERAGE IS PROVIDED IN AGENCY BR CL9 0037518 09/28/95 I 09/28/98 PA NATIONAL MUTUAL CAS INS CO 0OO075S 31 '. PREM ISES NO. 1 129B MART IN ST EAST EARL LANCASTER CO PA 17519 RATES ADVANCE PRElIUI CODE PRElIUM BASIS PER PREMS/OPS PRODUCTS PREIS/OPS PRODUCTS 94007 18,000 PAYROLL 1000 VARIOUS VARIOUS INCLUDED INCLUDED EXCAVATION RATES ADVANCE PREMIUII CODE PREIIUM BASIS PER PREMS/OPS PRODUCTS PREIS/OPS PRODUCTS 95410 18,000 PAYROLL 1000 V AUOUS VARIOUS INCLUDED INCLUDED GRADING OF LAND PREIlSES NO. 2 : 1254 E EARL RD EAST EARL LANCASTER CO PA 17519 RATES ADVANCE PREIIUM CODE PREMIUM BASIS PER PREMS/OPS PRODUCTS PREMS/OPS PRODUCTS 81212 4,838 SQUARE FEET 1000 VARIOUS INCLUDED BUILDING OR PREIISES - BANK OR OFFICE - MERCANTILE OR MANUFACTURING (LESSORS RISK ONLY) OTHER THAN NOT - FOR - PROFIT INCLUDING PRODUCTS-COMPLETED OPERATIONS ~nDM 71_nn~QC fen n~/n., ......... "..~......... ---..-- ............ .~ ~ . ." ~ ~ ,~-~...........~~ \It PENN NATIONAL . INSURANCE __.....e...ltyl_""'''''' ....__'_~ P,o,......,..._PA"" COMMERCIAL INLAND IARINE COVERAGE PART DECLARATIONS RENEWAL OF CL9 0037518 NON-ASSESSABLE POLICY NUMBER ..._.. "OLICY fIII"tOl:I -- COVERAGE IS PROVIDED IN , AGENCY BR CLII 0091518 09/28/115 1011/28/118 PA NATIONAL IUTUAL CAS INS CO 00007511 ~1 NAMED INSURED AND ADDRESS AGENCY IEL SPOTTS E~CAYATING IURRAY INS ASSOC INC IEL SPOTTS T/ A P 0 80~ 1728 PO 80~ S2 LANCASTER PA 17808 EAST EARL PA 175111 POLICY PERIOD: POLICY COVERS FROM: 12:0 1 A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED 5T A TED ABOVE FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: RESIDENTIAL E~CAYATlNG IN RETURN FOR PAYMENT OF THE PREMIUM. ANO SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGReE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. CONTR~CTOR'S EQUIPIENT LEASED PROPERTY ALL COVERAGE PARTS NOT OTHERWISE SPECIFIED PREMIUM $ 1,928.00 $ 100.00 s 350.00 $ $ $ $ $ I"'ORMS APPLICABLE TO ALL COVERAGE PARTS: 111903 02/85 11147 04/88 112511 01/87 702589 10/89 710371 08/92 710082 01/92 710187 10/91 11181013 10/85 IM81014 10/85 70188 11/93 11100 08/84 IM42 07/88 IM83 07/88 !!.!! .~I~~. ""'c 't<: COOl! ~D. T M 2 2 77 1794 N 997 COUNTERSIGNED BY: Authorized Representative THESE DECLARATIONS TOGETHER WITH,THE COMMON POLICY CONDITIONS. COVERAGE PART COVERAGE FORMIS!. AND FORMS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. ,c:c"":n In/1A/Q'' ~ft, c" _ _ . ~nll~ n~~'t"~ --, COMMERCIAL INLAND MARINE DECLARATIONS - CONTRACTOR'S EQUIPMENT POLICY NUMBER ,,,aM 'OLICV ","100 TO COVERAGE IS PROVIDED IN AGENCY TBR CL8 0037518 08/28/85 I 08/28/88 PA NATIQNAL MUTUAL CAS INS CO 000075&\3 1 " EACH ITEM THAT IS COVERED lUST BE DESCRIBED BELOW OR ON A SCHEDULE THAT IS A PART OF THIS POLICY. A COVERAGE AIOUNT MUST BE SHOWN FOR EACH ITEI. THIS IS THE lOST THAT WE WILL PAY FOR A LOSS TO THAT ITEM. DEDUCTIBLE: $500 THE ABOVE DEDUCTIBLE AMOUNT WILL APPLY SEPARATELY TO EACH ITEI INVOLVED IN EACH LOSS AFTER ALL OTHER AD~USTIENTS HAVE BEEN MADE. COVERAGE AMOUNT ITEI DESCRIPTION OF EQUIPMENT 1 1888 ~OHN DEERE EXCAVATDR 2 1988 CAT D3C BULLDOZER 3 1988 CAT 953 LOADER .. 1989 BOMAG 142D ROLLER CDMPACTOR 5 1989 ~OHN DEERE IDL 855 LANDSCAPE 'TRACTOR W/89 YORK RAKE I 78 LOADER 8 STANLEY COMPACTOR (ATTACHMENT) 7 CONTENTS CONTAINED IN THE 1888 WELLS 'CARGO TRAlLER 8 1993 ~OHN DEERE 410D BACKHOE 1T0410DG7937Z2 $ S $ S S s s. $ TOTAL AMOUNT OF INSURANCE !IR~Il~!I!iI;II., ......... .. _.. Ill.. ,.... .......... , ...... -- - -..... ,-"- -, 1-" -~'I " 38,000 25.000 B5.000 ,18.000 7,800 4,000 1,200 55,000 s 214,000 "111~jl~ . ........... .. III '"'' '''''~ ......,.. , . ~ POLICY SCHEDULE OF NAIES AND ADDRESSES P LICY NUMBER OVERAGE IS PROVIDED IN PA NATIONAL IUTUAL CAS INS CO FROM POLICY ,lftlOD TO CL9 0037518 09/28/95 09/28/98 THE FOLLOWING ARE INSUREDS ON THIS POLICY t COMMERCIAL INLAND IARINE NAMES AND ADDRESSES PREMISES NO.: 1 BUILDING NO.: 1 ~OHN DEERE IND EQUIPIENT CORP PO lOll 85010 WEST DES MOINES IA 50285 LOSS PAYEE SEE 71-0187 10/91 ,....'. FnAI 71-00~8 IFn. O~/All J.InIlFnFFlr:F [!':SUFD 10/18/95 - -.~ - ~ ". '" I" , , ! I ~ ", PENN NATIONAL INSURANCE Pllftl$'/IvInil NIIiDn1l MU\IIII CaMIIy IN1nn:I Corr4la.., """' Nltional SIcuri\y IIWWI Company P.O, Box 2361 Hllrilbuli. PA 1'1lrP23l51 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This .ndor..m.nt wno.. the policy efl.etlv. on lh.. Inoepllon dal. of the poncy or .. of lh. data Indlcatad b,low. . . ~r,.9. P. Q3. 1~ .1.6, . . . 97~6.-95.; . . , .9-~9-96. , , ~.,_ 1- ....... , 9-26-95 ........................... I 'l"... ......_.-4.... ....... ,~~ .si'O'l:T,U:X,C,tV4'UNG. . , . , . . . . , . . . . , , , -.. "'\llW.:t'. :tIiS. "S~O~, ~C, . . . . QQO, P159, . , . . . , AfOllI .................. I................ ........ ~.. '1ltI T This endorsement modifies 'uch Insurance as is alforded by the provisions 01 the policy relating to the following: COMMERCIAL INLAND MARINE POLICY LOSS PAYABLE PROVISIONS SCHEDULE Loss Payee applicable: --L. A Lender's Loss Payable _ 8. Contract of sale JOHN DEERE INn EQUIPMENT CORl' PO SOX b,O!:tO Loss Pay&e Addre~ WEST DES MOINES IA ;026;-0090 APPLICABLE TO THE FOLLOWING PROPERTY Description Location ManUfacturer I Amount of Type of of propeMY Serial' Insurance Coverage 1993 JOHN DEERE T0410DG793722 $55,000 CONTRACTORS 4100 BACKHOE EQUIPMENT , . For covered property In which both you and a Loss Payee shown In the schedule or In the Declarations have an insurable interest. we wiD adjust losses with you; and pay any claim for loss or damage Jointly to you and the Loss Payee. as interest may appear. . Fo,", 71.0187 (Ed. 1091) Pogo 1 cl2 <"'~ ,'l"..,...." 1,- 'I - , MIS Clog 0 03 15 16 This endorsement changes the Inland Marine coverage. If a cowrlge Is shown on the line below. this endorsement applies only to that coverage. IM....7 (Ed. 4-8&) -Pt.WE READ TIllS CAREFULLY- (1l1elntonnatlan required below mar be shownon a separate schlldule or supplemental Declarations.) DEDUCTIBLE The following deductible amount wUI apply to each lossalter all other adjustments have been made. S 500 IM-47 MIS @ Capyrlghl 1986 ., ..- -. "-.--TlT, "'-IllfTl.; . T ;.;-----r IfTTll -' ,-, ~~, ~ --, '" o_~,",X~, ih's Inland Marine coverage is slJbje(:1 10 the lerms shown below. The Inland Marine General Terms also apply. -I'UASE READ THIS I:AREFULLY- MISCELLANEOUS PROPERTY COVERAGE (The information required below may be shown on a separate ~hedule or SlJpplemental Declarations.) AA\' a.t 0 03 TS l' IM.9OS lEd. 2-85) DESCRIBED PROPERTY The covered property consists mainly of: ~..~ .T.....U.... _AU ~.. .... ...1'.-., Coverage Amount $ 1/l.~ The most that we will pay for all covered property in the event of a loss is: DEDUCTIBLE The following deductible amount will apply to each loss after all olher adjust- ments have been made. $ 500 COINSURANCE You must maintain a minimum coverage amount. This minimum coverage amount is the full actual cash value of all covered property, If the coverage amount al the time of loss is less than the minimum coverage amount, we will pay only a part of a loss. Our part of the loss will be determined by dividing Ihe coverage amount by the minimum coverage amount. This percenl will be applied 10 the final ad- justed loss to determine the amount that we will pay. I PROPERTY COVERED W. cover the described property that belongs 10 you. W. also cover similar property that belongs to others and for which you are liable. I PERILS COVERED We cover direct physical loss to covered property unless the loss is caused by a peril that is excluded, The loss must be due to an external cause. I PERILS EXCLUDED w. do not pay for a loss if OIle or more of the following excluded perils apply to the loss. regardless of other causes or events that contribute to or a(lgravate the loss. whether such causes or events act to prOduce the loss before. at the same time as, or after the excluded peril. We do not pay for a loss that results from: 1. a dishonest or illegal act. alone or In collusion with another. by: a. you; b. others who have an interest in the property; c. others to whom you entrust the property; or d. the employees or agents of a.. b, or c.. whether or not they are at work. lM.903 WI' do cover loss caused by dishonest acts by carriers or other bailees for hire. 2. sw,indllng, fraud. trick or false pretense, 3. the acceptance of: a. counterfeit money or fraudulent post office or express money orders; or. b. checks or promissory noles which are not paid upon presentation. 4. m~;terious disappearance. 5. any cause when the only proof that a loss occurred is an inventory shortage, 6. breakage of glass or similar fragile items. We do cover breakage if il is caused by fire; lightning; windstorm, hail; earthquake; flood; smoke; explOSion; aircraft, space- craft. self -propelled missiles or objects that fall from these item:;; vehicles. including an accident to a transporting vehicle: strike; riot; civil commotion; vandalism; theft; attempted theft; sprinkler leakage; orcollapse of buildings. 7. a process to repair, adjust, service or maintain covered propElrty. If a fire or explosion results. we do cover the loss caused by the fire or explosion. 8. mechanical breakdown or failure. If a fire or explosion re- sults, we do cover the loss caused by the fire or explosion. @ Copyright 1985 AAIS -1- "t PENN NATlONAL INSURANCE ~O. Bo.2361 Harrisburg. PA 17105-2361 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TIII& andorument .allla. tilt pollcy tlt.wve on tilt inception \Sate of tilt polley or .. at till date IndlcatacllMlow. , . . GIol9. 1l.Q1 75.16, , . . . J:-a6~. . ; . .,,-26'16 I'otlcy NUmMr IffKtI\fIa 11IlP1rlne . . . , . . . . . . . . . . . . . . . J:-260:95. . . . . . , . , IndorN!'Mn1 No. !ffeocIv. ...... .UOft. ,aca,UDI' . 11II. .DOIU 'II., IUlUI 1U UIOC uc: 000 on, o . . . . . . . . . . . . . . . ....i.e. . . . . . . . . . . . . . . . . . . . . . . . . . . 'AUtho~..d ;";";";n.' . . . . . . . . . . . Thll endol'S4lment modifies lucll Inlurance al II afforded by the provlalona of the polley relating to ttle following: COMMERCIAL INLAND MARINE POLICY TOOLS AMENDATORY ENDORSEMENT Coverage I. amended a. follows: PROPERTY COVERED We covered your portable tool. and equipment valued leal tl1an $ 1.000 per Item or set. TIll. includes tl1elr containers. spare parts. and accessories. We also cover similar property that belongs to others and for which you are liable. Form 70-2588 lEd. 101881 10"",",,""'" " I -........ \1 l ~.. 't\~" GO' "1,',,1, :.". Defendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORCHARD HILLS ASSOCIATES and POCONO VILLAGE ASSOCIATES, " Plaintiffs "'.,", .' ',', '.., y",,: ':' )IS, MEL SPOTTS, NO. 97-4977 CIVIL TERM JURY TRIAL DEMANDED COMPLAINT AND NOW come the above-named Plaintiffs, by their attorney, Samuel L. Andes, and make the following Complaint in this matter: 1. The Plaintiff, Orchard Hills Associates, is a general Pennsylvania partnership consisting of Robert E. Goodling of Carlisle, Pennsylvania, James T. Gibson, of Mechanicsburg, Pennsylvania and Peifer & Gross, Inc., a Pennsylvania business corporation of Elizabethtown, Pennsylvania. Orchard Hills Associates is referred to hereinafter as "Orchard Hills." 2. The Plaintiff, Pocono Village Associates, is a Pennsylvania general partnership consisting of Peifer & Gross, Inc., a Pennsylvania business corporation of Elizabethtown, Pennsylvania, AM Quality Builders, Inc., a Pennsylvania business corporation of Mechanicsburg, Pennsylvania, and PVOHA, Inc., a Pennsylvania business corporation of Carlisle, Pennsylvania. Pocono Village Associates will be referred to hereinafter as . "Pocono. " .f .' ',-- r ~ - I" jl , " , ...., "', ' "'O;r ) < C1,i,iii ~dlt """" ~ljY 3. The Defendant, Mel Spotts, is an adult individual who, to the best of Plaintiffs' knowledge, resides or maintains an office at 45 Martin Street in East Earl, Pennsylvania. 4. In 1994 Orchard Hills owned a Mobile Home Park situate in Pocono Township, . . I. , . Monroe County I Pennsylvania, which Mobile Home Park was known variously as "Pocono Village Court" or "Pocono Village Mobile Home Park" and which was Improved with facilities for 32 mobile homes, which facilities were leased to tenants and which facilities included a septic system to lawfully dispose of sewer and other wastes on the property. 5. In 1994 and at all other times relevant to this action, Defendant was engaged in the business of excavation and plumbing work and held himself out to Orchard Hills and its representatives, and to various other members of the public, as an expert in such work. 6. During the summer and fall of 1994, Orchard Hills engaged Defendant Spotts to do certain work on the Pocono Village Mobile Home Park. During the process of that engagement, representatives of Orchard Hills and Spotts took the fallowing actions: a. Spotts visited the Pocono Village Mobile Home Park to inspect the problem; and b. Spotts determined what work was necessary to correct the problem and make the improvements which Orchard Hills requested; and c. Spotts met with representatives of Orchard Hills at offices they maintained at that time at 4740 Delbrook Road in Mechanicsburg, Pennsylvania, to discuss the work he proposed to do, to explain to Orchard . .'. , .' '-, II 1"!!.1 ~~f ~"'" ~'P:k\' "',,, Hills' representatives how that work would correct the problems at Pocono Village Mobile Horne Park, and to propose payment terms for the work he ""\',' was to do. engaged Spotts to do work on the septic and sewer system at the Pocono Village Mobile Home Park. The terms of the engagement were that Spotts would do the work he had verbally described to the representatives of Orchard Hills in a good and workmanlike manner, in exchange for which Orchard Hills would pay Spotts his normal and customary charges, on a time and material basis, for such work. Although no formal written agreement was prepared between the parties. Brian Gross, one of the principals in Peifer & Gross, Inc. who represented Orchard Hills at the meetings with Spotts, prepared a Memorandum outlining the nature of the work to be done and said Memorandum was signed by representatives of Orchard Hills and by Spotts, A copy of that Memlllrandum is attached hereto and marked as Exhibit A. 8. Thereafter, Spotts did various work on the plumbing and septic systems at the Pocono Village Mobile Home Park, between August of 1994 and the early part of 1995. Spotts performed his work on the Pocono Village Mobile Home Park in a negligent, careless, and reckless fashion. Specifically: a. Spotts and his workers cut off a gravity feed pipe or line which connected eleven (11) mobile homes to a "dosing tank" without re-connecting . - I ",~' II " ,.,.<>l'!\I"' _ 1-'" rr ~ , ~ ;;J 'T" ~ l' 1'0, ~~~:jv 'Pf. ~'r! that line to any other part of the septic system. As a result of this action, the sewage which emanated from those eleven (11) mobile homes was not - . ", ,,'," , ",d~p~~i~edihtgthe septic system for the mobile home park and was simply ", -::",\""::\":,-::;:\~,:',ni,:-:~,:-:.-:,.,,,I,,...,. '" '. dumped into the ground. b. Spotts and his workers re-filled the hole which they had excavated to cut off the gravity feed pipe described in sub paragraph a and refilled that hole without correcting the problem created by their mistake and thus concealed the problem from Orchard Hills. c. Spotts failed to advise Orchard Hills or it representatives of the wrongful action he or his employees had taken in cutting off the gravity feed pipe. @ As a direct result of the negligence, carelessness, and recklessness of Spotts, the sewer system at the Pocono Village Mobile Home Park was rendered ineff~ctive, incomplete, illegal, and dangerous. The acts of Spotts by cutting off.the gravity feed pipe and causing the untreated waste from eleilen (11) mobile homes to simply pass into the ground violated federal and state environmental laws and the ordinances of Pocono Township in Monroe County and exposed the owners and representatives of Orchard Hills to criminal and civil penalties and sanctions for such violations. . 10. Because Spotts refilled the excavation in which Spotts did the defective wort<' .' and failed to report and disclose to Orchard Hills and its representatives the defective I' rT ) I;r;.i< ~ji: G'" -:l:~:i::' "1''/ work he had done, Orchard Hills was unaware of the problem and the violation of law which that problem created. , ",,".' ' I <in:,~}~~~?~ of1S~~: still unaware of the problem caused by Spotts'de!~ctive~ork, I ,:'N" .' ' Orchard Hills sold the Pocono Hills Mobile Home Park to a third party purchaser for $645,000.00. 12. In late 1996, the third party purchaser complained to Orchard Hills about problems he was experiencing with the plumbing and sewer system at the Pocono Village feed pipe which Spotts had improperly cut and disconnected was uncovered and Mobile Home Park. During the investigation of those problems, by the third party I purchaser and his representatives and by Orchard Hills and its representatives, the gravity I I I I I and its representatives, and demanded a refund of all monies paid by hi~ for tl;1e purchase ! of the Pocono Village Mobile Home Park and all expenses incurred by him in the attempts i I I I I , several months of further investigation into the problem caused by S potts' defective work, I , purchase of the Pocono Village Mobile HomePark, threatened suit against Orchard Hills discovered. Upon discovery of the problem, the third party purchaser rescinded his to solve and remedy the problem caused by Spotts' defective work. 13. Following several months of negotiations with the third party purchaser, and the principals of Orchard Hills formed a new partnership. Pocono Village, to re-purchas~ the Pocono Village Mobile Home Park from the third party purchaser and negotiated a ']' .' settlement agreement, on behalf of Orchard Hills and Pocono Village, with the third party -''P'~1 ' J ,- ~-'''1 HI' , ' II - -"""""'.",._,,~ , , I .", ".J,,<~ .,,~~~I \ I lit, .w~)' I',' purchaser to pay and reimburse the third party purchaser his losses and expenses incurred as a result of the problem at Pocono Village Mobile Home Park with the plumbing qj~~mJ,~~~.'ti,~ of",: ag~ and aettl9nent, o~"' Hills and Pocono I Vi'llage iridllrred the fOllowing expenses and had to pay the following items: a. Reimbursement of the third party purchaser's out of pocket expenses for plumbing repairs incurred in an attempt to correct the problem $3,185.00 b. Reimbursement of the third party purchaser's engineering fees incurred in an attempt to solve the problem c. Reimbursement of the third party purchaser's $2,853.00 attorney's fees ~15.151.00 $21,189.00 Total All of these expenses were paid by Orchard Hills and Pocono Village as a direct result of the negligent, reckless. and careless actions of Spotts as described herein above. 14. In addition to the above reimbursements and expenses, Pocono Village and Orchard Hills incurred other expenses of their own as a result of the negligence, carelessness, and recklessness of Spotts. Those expenses and losses are: a. Settlement costs at Orchard Hills' original sale to the third party purchaser, which sale was later reversed $16,675.0(},. " b. Fees paid to All State Septic Systems to pump "n~ '_,_. -I _ "-^",~,,.. p r ~ , I I I I I I' Ii I r Ii i I: i " i , I I I: "~f . I y~- . " ". . G' ,,~!,'~ ''!f;'" fBi', \",.,1.:, ,~)i: sewerage from the Pocono Village Mobile Home Park and to make certain repairs to the system to correct the problem caused by Spotts' improper actions '., " c. Engineering and related professional fees and expenses to identify and correct the problem caused by Spotts' improper work d. Attorney's fees Total $14,692.00 $11,864.00 _$7.736.00 $50,967.00 All of these expenses and losses were caused to the Plaintiffs as a direct result of the negligence, carelessness, and recklessness of Spotts. 15. In addition to the damages and losses described in the foregoing two paragraphs, the Plaintiffs incurred other expenses and losses, including the following: a. The interruption of the activities and business effort of its owne~, employees, and representatives to address and resolve the problem caused by Spotts' defective work. b. Public scorn, approbation and humiliation resulting from their owning and operating a mobile home park with a defective and illegal septic and plumbing system. c. The loss of the bargain they enjoyed from the sale" of the mobile "0 , home park to the third party purchaser, which sale had to be set aside and .' - ''I'" . L " ) I -. I . I/f;J .~' reversed upon the discovery of the conditions and problems caused by Spotts' defective and improper work. The above damages are not liquidated. Plaintiffs believe that they have suffered damages, as a result of these items, in a sum in excess of $25,000.00. 16. All of the damages listed above are a direct result of the negligence, carelessness, and recklessness of the Defendant. All of these damages have been of suit. \'} f>J)) c-~',r---~--",,",""~ Samuel L. Andes Attorney for Plaintiffs Supreme Court 10 # 17225 525 N. 12th Street Lemoyne, Pa 17043 (717) 761-5361 '.,,,,. .' "- I' '^~'- ,-, .'~ .- I, ,-, II 1- - . . -~ ~ , Gi"" t.",.":;j i"':~' 1l:J,li \'~", WL COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) , , , , Robert E. Goodling, being duly sworn according to law, says that he Is the President of PVOHA, Inc. and as a partner in Orchard Hills Associates and deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information, and belief. Sworn to and subscribed before me this I /"I~") day of IY'{LA..c...n ,1.998. C\ 0....1\ \~.R h\R .Lr:.. Notary~u lie. _.__."._....__....~ ~ NOTAAbl.l~ NAY U. P'oss.u. N*Y NiIIc Da I.ed\lriftG BaIa. ~CauIIIJ. r" c."~~.~E~,2000 . ~~ &. ", , .' ~ . I ~ II ~-.,.,.~ SEP-29-1997 14'09 \. '\ i MURRAY INS CLA I MS DEPT . '-,,- \ / P,I1I4 . ';'i" 'lit,,:, 'ff' ., 0%\::haJ:I1 Hills l\sSQCiaus erd. P<<:ono V41. '9" Ass,....iate8 Commonwealth of PelU1Sylvania County of Cmnberland T"UE cOPY FROM RECORD III Tld.'NI'!1 'llnereol. IIwtlt \I11k1 set ltl): /"~;.d a1\u ~Iw *' ~ o;al4 ~ ~ ta.11$l!l. PI. Tilis I~"'" day DI~_ 1;1:; l ,k," - C~~_' Ca",., t>C Comman Ptca. ... No. _.1l7.~W.2.___C~x11. .:!:llo:CIL.......... Ig..__ 1ft __.c;~.ll.lId:iOl\.-.LIN. ......------------- Mel 9pJt:ts 45 ltlIrtin St;.teet East Earl. Pt.. 17519 To _.~-~~--.._--------u-.....------- Yo.. &l't lIenby noniW cbal ~~.......... ...".~-llof1:1..~ a~..:I:II......__.........._______.._..__.._._.......___ d.. I'Ia/Iadtr laos ..........,cod OR ..,Iioll ill ___...c:J.1t1J...Law'.----------..u--n-......----..-uoo ....1 yoo& ..hi<lb I"'lI an rrquirctllO def.nd or 6. clelOllll. judpal~ -, be ""lend .piN. ,...... (SULI .....~~~~--,~...~~~----_.._.~.._.._--------- I:'lVlhollo~ ' n.". __li!!Qt;.~:.;....ln."L.~-o- \9.___ By _~a-.~-..;.--. DcpRy , TOTAL P.04 . - 1"0 ~ " ........~ i . ....., ..., -...... I I J .'" .'1,"""; 'I,~;':; .". . .. , " / -' i 4~ , I I .' r~i "II j , I , . ~ I~r In I j~i . , ... ~ lit I~ I ~ . - ~- r , , 'f~ I It I ill ~ ~r ~ I . r I . .... , (t,I ':::I , I I ~ . ~ it,S, ~i >, ~ II '" \I If ! - I ...... . , ... I UI ~h r , ... I,.,. . I lO , il' I t.~ I p I I ii , I , . , , II F . I I . , , I . . , , I _. ...... ....' m'd -1"""1 . 0 ", , 'yIH'l'^1.4':S,.~ ::11 r,!f1~~?;'O 1i&. 'UV lQT i q4 '" ~~\Js';j~l~M'" 1..Rtl !';W IHTl C;N T AH>l>lnW ,r ~~ RA:l>t n:;F;t-f'07-"<"C; ~~ ' . ~'bNcATIL INS cd L4/M OF.PT .""1' ',,,I: 'l'~ J ~> j1' "il-"'^ : .,' ...:: ~'l '" ~ I ',i, '" 1Ji,' , .... .. ''''- ORCHARD HILLS ASSOCIATEs.~nd ' \,':)~~_ N THE COURT OF COMMON POCONO VILLAGE ASSOCIATES, ) PLEAS OF CUMBERLAND Plaintiff ) COUNTY, PENNSYLVANIA ) ) ) ) ) ) ) ,Jilt 14 /999 vs. CIVIL ACTION - LAW MELVIN W. SPOTIS and ELIZABETH B. SPOTIS, t/d/b/a MEL SPOTIS EXCAVATING, NO. 97-4977 CIVIL TERM Defendants JURY TRIAL DEMANDED STIPULATION AND NOW come the above-named Plaintiffs and Melvin Spotts, by their attorneys who have signed below and stipulate and agree that Plaintiff may file an Amended Complaint, in the form attached hereto and marked as Exhibit A, without formal leave of Court. IN WITNESS WHEREOF, the above-named parties have authorized their attorneys to execute this Stipulation. ~^.~ Samuel L. And s Attorney for Plaintiffs ~,~ Jo Flounlacker ' Attorney for Defendants -''''''"I . 'f, ~ ,., .. ,- ., ~ "M,.O_ ~ #1;;. .~w ') ~ ORCHARD HILLS ASSOCIATES and ) POCONO VILLAGE ASSOCIATES, ) Plaintiff ) ) vs. ) ) MELVIN W. SPOTTS and ELIZABETH ) B. SPOTTS, t/d/b/a MEL SPOTTS ) EXCAVATING, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-4977 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO DEFENDANT NAMED HEREIN: YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET fORTH AGAIN.ST '(OU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMS IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 '"~-1 '_.." ,..J, I-'~~'~_~-""~- t__ -- '" --~ . ORCHARD HILLS ASSOCIATES and POCONO VILLAGE ASSOCIATES, Plaintiff vs. MELVIN W. SPOTTS and ELIZABETI-:! B. sporrs, t/d/b/a MEL SPOTTS EXCAVATING, Defendants ) 81 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-4977 CIVIL TERM JURY TRIAL DEMANDED AMENioEO COMPLAINT I AND NOW comes the above-named Plaintiffs, by their attorney, Samuel L. Andes, and makes the following Complaint in this matter: , 1. The Plaintiff, Orchard Hills ~ssociates, is a general Pennsylvania , . partnership consisting of Robert E. Goodling of Carlisle, Pennsylvania, James T. I , Gibson, of Mechanicsburg, Pennsylvania and Peifer & Gross, Inc., a Pennsylvania business corporation of ElizabethtoJn, Pennsylvania. Orchard Hills Associates is , , referred to hereinafter as "Orchard Hills." I ' 2. The Plaintiff, Pocono Village Associates, is a Pennsylvania general I . partnership consisting of Peifer & Grbss, Inc., a Pennsylvania business corporation of . I Elizabethtown, Pennsylvania, AAA Q~ality Builders, Inc., a Pennsylvania business corporation of Mechanlcsburg, Penn~ylvania, and PVOHA, Inc., a Pennsylvania , business corporation of Carlisle, Penhsylvania. Pocono Village Associates will be , \ referred to hereinafter as "Pocono." . . 3. The Defendants are Melvin :W. Spotts and Elizabeth B. Spotts, his wife, adult individuals who trade and do b~siness, jointly, as "Mel Spotts Excavating" and which maintain offices for the condu~t of that business at 45 Martin Street in East I Earl, Pennsylvania. Both Mr. and Mr~. Spotts are collectively referred to hereinafter as "Defendant." . ""~-""! ,:",,"!'l"Il"'lI!1 II I r _111',: G~",,, l:'~ ,:10' 1JIl" 'lit}; 4. In 1994 Orchard Hills owned a Mobile Home Park situate in Pocono Township, Monroe County, Pennsylvania, which Mobile Home Park was known variously as "Pocono Village Court" or "Pocono Village Mobile Home Park" and which was improved with facilities for 35 mobile homes, which facilities were leased to tenants and which facilities included a septic system to lawfully dispose of sewer and other wastes on the property. 5. In 1994 and at all other times relevant to this action, Melvin W. Spotts and Elizabeth B. Spotts were engaged in the business of excavation and plumbing work, trading as "Mel Spotts Excavating" and held themselves and their business out to Orchard Hills and its representatives, and to other members of the public, as being experienced and experts in such work. Melvin W. Spotts operated as an authorized agent and representative of both Defendants in the operation of the excavating the plumbing business. 6. During the summer and fall of 1994, Orchard Hills engaged Defendant to do certain work on the Pocono Village Mobile Home Park. During the process of that engagement, representatives of Orchard Hills and Defendant took the following actions: A. Defendant visited the Pocono Village Mobile Home Park to inspect the problem; and B. Defendant determined what work was necessary to correct the problem and make the Improvements which Orchard Hills requested; and C. Defendant met with representatives of Orchard Hills at offices they maintained at that time at 4740 Delbrook Road in Mechanicsburg, Pennsylvania, to discuss the work he proposed to do, to explain to Orchard Hills' representatives how that work would correct the problems at Pocono Village Mobile Home Park, and to propose payment terms for the work he was to do. "~!'J9 ~~I" - r I~ ~I _ .. , -~,...._"'lW 1;:>,"" ' Vt~ Cis\'" ~\' 7. At various meetings held at Orchard Hills' office in Mechanicsburg, Orchard Hills engaged Defendant to do work on the septic and sewer system at the Pocono Village Mobile Home Park. The terms of the engagement were that Defendant would do the work It had verbally described to the representatives of Orchard Hills In a good and workmanlike manner, In exchange for which Orchard Hills would pay Defendant Its normal and customary charges, on a time and material basis, for such work. Although no formal written agreement was prepared between the parties, Brian Gross, one of the principals In Peifer & Gross, Inc. who represented Orchard Hills at the meetings with Defendant, prepared a Memorandum outlining the nature of the work to be done and said Memorandum was signed by representatives of Orchard Hills and Defendant. A copy of that Memorandum is attached hereto and marked as Exhibit A. 8. Thereafter, Defendant did various work on the plumbing and septic systems at the Pocono Village Mobile Home Park, between August of 1994 and the early part of 1995. Defendant performed his work on the Pocono Village Mobile Home Park in a negligent, careless, and reckless fashion. Specifically: a. Defendant cut off a gravity feed pipe or line which connected eleven (11) mobile homes to a "dosing tank" without re-connecting that line to any other part of the septic system. As a result of this action, the sewage which emanated from those eleven (11) mobile homes was not deposited into the septic syster;n for the mobile home park and was simply dumped into the ground. b. Defendant re-filled the hole which it had excavated to cut off the gravity feed pipe described in sub paragraph a and refilled that hole without correcting the problem created by their mistake and thus concealed the problem from Orchard Hills. c. Defendant failed to advise Orchard Hills or its representatives of the wrongful action it had taken in cutting off the gravity feed pipe. jl ~I > -j ~- ., - - ' - I I' -'>' -_~ ~'~I " " II - -~.~~ ,- I , ~ ~l~ff G 9. As a direct result of the negligence, carelessness, and recklessness of Defendant, the sewer system at the Pocono Village Mobile Home Park was rendered Ineffective, Incomplete, illegal, and dangerous. The acts of Defendant by cutting off the gravity feed pipe and causing the untreated waste from eleven (11) mobile homes to simply pass Into the ground violated federal and state environmental laws and the ordinances of Pocono Township In Monroe County and exposed the owners and representatives of Orchard Hills to criminal and civil penalties and sanctions for such violations. 10. Because Defendant refilled the excavation in which Defendant did the defective work and failed to report and disclose to Orchard Hills and its representatives the defective work it had done, Orchard Hills was unaware of the problem and the violation of law which that problem created. 11. In June of 1996, still unaware of the problem caused by Defendant's defective work, Orchard Hills sold the Pocono Hills Mobile Home Park to a third party purchaser for $645,000.00. 12. In late 1996, the third party purchaser complained to Orchard Hills about problems he was experiencing with the plumbing and sewer system at the Pocono Village Mobile Home Park. During the Investigation of those problems, by the third party purchaser and his representatives and by Orchard Hills and its representatives, the gravity feed pipe which Defendant had improperly cut and disconnected was uncovered and discovered. Upon discovery of the problem, the third party purchaser rescinded his purchase of the Pocono Village Mobile Home ParR, threatened suit against Orchard Hills and Its representatives, and demanded a refund o(all monies paid by him for the purchase of the Pocono Village Mobile Home Park and, all expenses incurred by him in the attempts to solve and remedy the problem caused by Defendant's defective work. 13. Following several months of negotiations with the third party purchaser, and several months of further investigation into the problem caused by Defendant's I~ - l-- rl -- 1 ~~"..,,~"~"""" ~\ ~f~ ) I!t1I .~ , , ! defective work, the principals of Orchard Hills formed a new partnership, Pocono Village, to re-purchase the Pocono Village Mobile Home Park from the third party purchaser and negotiated a settlement agreement, on behalf of Orchard Hills and Pocono Village, with the third party purchaser to pay and reimburse the third party purchaser his losses and expenses Incurred as a result of the problem at Pocono Village Mobile Home Park with the plumbing and sewer system. As part of that agreement and settlement, Orchard Hills and Pocono Village incurred the following expenses and had to pay the following items: a. Reimbursement of the third party purchaser's out of pocket expenses for plumbing repairs incurred in an attempt to correct the problem $3,185.00 b. Reimbursement of the third party purchaser's engineering fees incurred in an attempt to solve the problem $2,853.00 c. ReImbursement of the third party purchaser's attorney's fees .$15.151.00 Total $21,189.00 All of these expenses were paid by Orchard Hills and Pocono Village as a direct result of the negligent, reckless, and careless actions of Defendant as described herein above. 14. In addition to the above reimbursements and expenses, Pocono Village and Orchard Hills Incurred other expense,s of their own as a result of the negligence, carelessness, and recklessness of Defendant. Those expenses and losses are: a. Settlement costs at Orchard Hills' original sale to the third party purchaser, which sale was later reversed $16,675.00 b. Fees paid to All State Septic Systems to pump sewerage from the Pocono Village Mobile Home Park and to make certain repairs to the system to 1. ~'I .1', _" 1/'::", ~~\' 8" pump sewerage from the Pocono Village Mobile Home Park and to make certain repairs to the system to correct the problem caused by Defendant's Improper actions $14,692.00 c. Engineering and related professional fees and expenses to Identify and correct the problem caused by Defendant's improper work $11,864.00 d. Attorney's fees _$7.736.00 TOTAL $50,967.00 All of these expenses and losses were caused to the Plaintiffs as a direct result of the negligence, carelessness, and recklessness of Defendant. 15. In addition to the damages and losses described in the foregoing two paragraphs, the PlaIntiffs Incurred other expenses and losses, including the following: a. The interruption of the activities and business effort of Its owner, emplgyees, and representatives to address and resolve the problem caused by Defendant's defective work. b. Public scorn, approbation and humiliation resulting from their owning and operating a mobile home park with a defective and Illegal septic and plumbing system. c. The loss of the bargain they enjoyed from the sale of the mobile home park to the third party purchaser, which sale had to be set aside and reversed upon the discovery of the conditions and problems caused by Defendant's defective and improper work. The above damages are not liquidated. Plaintiffs believe that they have suffered damages, as a result of these items, in a sum in excess of $25,000.00. 16. All of the damages listed above are a direct result of the negligence, carelessness, and recklessness of the Defendant. All of these damages have been e ~;~~ G,:, \.,,~,' "ii> suffered by one or both of the Plaintiffs. The Defendants, by their conduct, have Injured Plaintiffs In an amount substantially in excess of $25,000.00. WHEREFORE, Plaintiffs demand judgment against the Defendants, Melvin W. Spotts and Elizabeth B. Spotts, jointly and severally, in an amount in excess of $25,000.00, plus Interest from and after 1 December 1995, plus costs of suit. ~p)QQ, Sa uel L. A~ Attorney for Plaintiffs Supreme Court ID # 17225 525 N. 12th Street Lemoyne, Pa 17043 (717) 761-5361 ',;...~~ ~, 1:1 ~ '""'''''''''f'^ =" , (J'.l" ,0',i\'1 '\\ljl CJY"""", ""',"'.' ::".1 , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ( 55.: ) Robert E. Goodling, being duly sworn according to law, says that he Is the President of PVOHA, Inc. and as a partner In Orchard Hills Associates and deposes and says that the facts set forth In the foregoing Amended Complaint are true and correct to the best of his knowledge, Information, and belief. , worn to and subscribed ,before me this I'i?fh day f flJoUemruf ,1998. 'L..... NOTNlIAL 8liAL NI'( 1oC. R08EUJ. NollIy PlillIc t..emurne 8aro, ~CaIIly. ~ ~.,r.~~iY.I'=~:".\1~.2I12OM .... ".. d', . .. \'. __ \ ' , " '--"""~I" ,",~....,."IIfi'\l_~ I "I -- ) .1 ) ~ Investment Management Services, Inc. 4740 DEl.BROOK ROAD MECHANICSBURG. PA 17055 (717) 737.5440 fAX: (717) 737.4524 AU9l1S t 22, 199'1 To: FROM: liE: Palll Lopresti, Bob Goodling, Mel Spotts, Irvin Peifer Brian Gross Action plan for resolntlon of seUlage manaoement and repairs at Pocono Village The folloUlino plan Ulas agreed to by all parties at a meet Inu at 47'10 Delbrook Road, Mechanlcsburg, PA. on August 22, 199'1, accordlnn 1:0 the fol]oUling sequence: I. Mel Uli II Inunediato]y begin construction of the curtain drain for failing septic bed. 2. In conjunction Ullth Paul's advice, Mel Ulill begin Installation of grease traps according to pians approved by Bob Goodling. :I. Mel UlI11 trench tll/O or more short lines from the front beds across the park street. ~. After the above has been c~~nill~ect, Paul Ulill begin designing a neUl septic bed on th, undeveloped portion of the rropcny in conjunction Uli th the TOUlnship SEO. D~rlna that process, Paul Ulill explore the feasibility of installino a trulll:mcnt plant on the rroperty to treat Ulater. 5. All part:1cs'Ulill communicate throuoh Bob Goodling throughollt the processes. ~d~ . ;} 1-~' .;; //.' ji.,t V,~-r-r/g;J JM;," ~ ~~ ,I, ~. b~ " "" ,1 '\ Jj'I,!!,I:ll ,tfld'l,q ",''''1'",11 \,~l! 1~":.I.",'i,'.I,',. ~fP5 1\ (f......I'l......,.':.~...,'V.:'...I,' ': ' ' -."'% 1 " .-r.o "~ ~ " 330 COMMERCIAL GENERAL LIABILITY;: CG 00 01 01 88 ..' COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights. duties and what Is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declara- tions. and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this Insurance. The word "Insured" means any person or organization qualifying as such under WHO IS AN INSURED (SECTION II). Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION V). SECTION I - COVERAGES COVERAGE A. BODILY IIIIJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of "bodily Injury" or "property dam- age" to which this insurance applies. We will have the right and duty to defend the Insured against any "suit" seeking those d~mages. However. we will have no duty to defend the Insured against any "suit" seeking damages for "bodily Injury" or "property damage" to which this Insurance does not apply. We may. at our discretion. investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as dascribed In LIMITS OF INSUR- ANCE (SECTION III); and (2) Our right and duly to defend end when we have used up the applicable limit of insur- ance In the payment of judgments or set- tlements under coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services Is covered unless ex- plicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. CG 00 01 01 96 b. This Insurance applies to "bodily Injury' and'" "property damage" only if: ; (1) The "bodily injury" or "property damage' fa caused by an "occurrence" that takes place in the "coverage territory"; and (2) The "bodily Injury" or "property damage' occurs during the policy period. c. Damages because of "bodily injury" Include damages claimed by any person or organlzll- tion for care. loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This Insurance does not apply to: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the Insured. This exclusion does not apply to "bodily Injury' resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily Injury" or "property damage" for which the insured Is obligated to pay damages by reason of the assumption of liability in a con. tract or agreement. This exclusion does not apply to liability for damages: (1) That the Insured would have In the absence of the contract or agreement; or (2) Assl'med in a contract or agreement that Is an "insured contract". provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement. Solely for the purposes of II. ability assumed In an "Insured contract', reasonable attorney fees and necessary litigation expenses Incurred by or for a party other than an insured are deemed to be damages because of "bodily Injury" or "property damage", provided: (a) Liability to such party for, or for the cost of. that party's defense has also been assumed in the same "insured contract"; and ',1!l1" .'.. ,'I Copyright. Insurance Services Office, Inc.. 1994 Page 1 ot 13 " "'" a~; .;Ii I~ r ,s ,BILITV 1 01 96 ~M 'ry" and lage" is 's place Image" nclude laniza- suiting ected ;ured. ljUry" ce to Ihieh s by con- not ,nee It is dily se- or II. ;tl\ lry a to or 51 ,n ". , '., '~r~ -- CGt. Coverage Form 331 (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute resolution proceeding In which damages to which this Insurance applies are al- leged. c. LIquor Liability "Bodily injury" or "property damage" for which any Insured may be held liable by reeson of: (1) Causing or contributing to the Intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or un- der the Influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale. gift, distribution or use of alco- holic beverages. This exclusion applies only If you are In the business of manufacturing. distributing, selling. serving or furnishing alcoholic beverages. d. Workers Compensation and Similar Laws Any obligation of the Insured under a workers compensation, disability benefits or unem- ployment compensation law or any similar law. e. Employer's Liability "Bodily Injury" to: (1) An "employee" of the Insured arising out of and In the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse. child. parent. brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the Insured may be lIabie es an employer or In any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay dam- ages because of the injury. This exclusion does not apply to liability as- sumed by the Insured under an "Insured con- tract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, allaged or threatened dis- charge, dispersal, seepage, migration. re- lease or escape of pollutants: (a) At or from any premises, site or location which Is or was at any time owned or occupied by. or rented or loaned to, any Insured; (bl At or from any premises. site or location which Is or was at any time used by or for any Insured or others for the han- dling. storage, disposal. processing or treatment of waste; (c) Which are or were at any time trans- ported, handled. stored. treated, dis- posed of, or processed as waste by or for any Insured or any person or organi- zation for whom you may be legally re- sponsible; or (eI) At or from any premises, site or location on which any Insured or any contractors or subcontractors working directly or In- directly on any Insured's behalf are performing operations: (I) If the pollutants are brought on or to the premises. site or location In con- nection with such operations by such Insured, contractor or subcontractor; or (II) If the operations are to test for. monitor. clean up. remove, contain. treat. detoxify or neutralize. or In any way respond to, or assess the effects of pollutants. Subparagraph (dlll) does not apply to "bodily Injury" or "property damage" arising out of the escape of fuels, lubri- cants or other operating fluids which are needed to perform the normal electrical. hydrauliC or mechanical functions nec- assary for the operation of "mobile equipment" or Its parts. If such fuels. lu- bricants or other operating fluids escape from a vehicle part designed to hold, stare or receive them. This excaplion does not apply If the fuels, lubricants or other operating fluids are intentionally discharged. dispersed or released. or /f such fuels. lubr/cants or other operating fluids are brought on or to the premises. site or location with the Intent to be dis- charged, dispersed or released as part of the operations being performed by such insured, contractor or subcontrac- tor. }, :( Page 2 of 13 Copyright. Insurance Services Office. Inc., 1994 CG 00 01 01 96 o " I ..~ I'. ,~.~..,.- 332 CGL Coverage Form Subparagraphs (a) and (d)(l) do not apply to "bodily Injury" or "property damage" . arising out of heat. smoke or fumes from a hostile fire. As used In this exclusion. a hostile fire means one which becomes uncontrollable or breaks out from where It was Intended to be. (2) Any loss, cost or expense arising out of any: (a) Request, demand or order that any Insured or others test for, monitor. clean up. remove. contain, treat. detoxify or neutralize, or In any way respond to. or assess the effects of pollutants; or (b) Claim or suit by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, clean- Ing up, removing. containing, treating. detoxifying or neutralizing. or In any way responding to. or assessing the effects of pollutants. Pollutants means any solid. liquid. gaseous or thermal Irritant or contaminant. Including smoke. vapor. soot. fumes. acids, alkalis, chemicals and waste. Waste Includes materi- als to be recycled, reconditioned or reclaimed. g. Alrcralt, Auto or Watercraft "Bodily Injury" or "property damage" arising out of the ownership, maintenance. use or en- trustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any Insured. Use Includes operation and "Ioedlng or unloading". This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent: (2) A watercraft you do not own that Is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on. or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the Insured; (4) Liability assumed under any "Insured COn- tract" for the ownership, maintenance or use of aircraft or watercraft; or , (5) "Bodily Injury" or "property damage" arising out of the operation of any of the equip. ment listed In paragraph 1.(2) or 1.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily Injury" or "property damage" arising out of: (1) The transportation of "mClblle equipment' by an "auto" owned or operated by or rented or loaned to any Insured; or (2) The use of "mobile equipment" In. or while In practice for, or while being prepared for. any prearranged racing. speed. demolition, or stunting activity. I. War "Bodily Injury" or "property damage" due to war. whether or not declared, or any act or condition Incident to war. War includes civil ' war. Insurrection, rebellion or revolution. This exclusion applies only to liability assumed un- der a contract or agreement. J. Damage to Property "Property damage" to: (1) Property you own.,rent. or occupy; (2) Premises you sell, give fIiNay or abandon. If the "property damage" arises out of any part of those premises; .13) Property loaned to you; (4) Personal property In the care. custody or control of the Insured; (5) That particular part of real property on which you or any contractors or subcon- tractors working directly or Indirectly on your behalf are performing operations. If the "property damage" arises out of those operations: or (6) That particular part of any property that must be restored. repaired or replaced be- cause "your work" was Incorrectly per- formed on It. Paragraph (2) of this exclus,lon does not apply If the premises are "your work" and were never occupied, rented or held for rental by you. '. CG 00 01 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 3 01 13 :--fW,1i ;-0 1- " ~ I II -~ :'I,h: '\"~'\' (', ;::;"" ';:,;r:-', ~~:,~~';" ,;~:~(f " , :,~i,i! :~~\" ~'t\: t~,. I.!:,,"I,',', (.)~, " '. f',,' I . ,:~::' -i" , _:;!!O~ """_._-~ CGL Coverage Form 333 Paragraphs (3). (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" Included In the "prod- ucts-completed operations hazard". k. Damage to Your Product "Property damage" to "your product" arising out of It or any part of it. I. Damage to Your Work "Property damage" to "your work" ariSing out of It or any part of it and included in the "prod- ucts-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a sub- contractor, m. Damage to Impaired Property or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically Injured. arising out of: (1) A defect, deficiency, inadequacy or dan- gerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its Intended use. n. Recall of Products. Work or Impaired Property Damages claimed for any loss. cost or ex- pense incurred by you or others for the loss of use. withdrawal, recall, Inspection, repair. re- placement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; If such product. work. or property is withdrawn ' or recalled from the market or from use by any person or organization because of a known or suspected defect. deficiency, inadequacy or dangerous condition In it. if Page 4 ot 13 ~,it Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo- rarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described In LIMITS OF INSUR. ANCE (Section III). COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the Insured be- comes legally obligated to pay as damages because of "personal injury" or "advertising Injury" to which this Insurance applies. We will have the right and duty to defend the Insured against any "suit" seeking those damages. However, we will have no duty to ,defend the insured against any "sull" seeking dilmages for "personal injury" or "advertising Injury" to which this insurance does not apply. We may, at our discretion. Investigate any "occurrence" or of- fense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described In LIMITS OF INSUR- ANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of Insur- ance in the payment of Judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services Is covered unless ex- plicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. b. This insurance applies to: (1) "Personal Injury" caused by an offense arising out of your business, excluding ad- vertising. publishing, broadcasting or tele- casting done by or tor you; {2} "Advertising Injury" caused by an offense committed in the course of advertising your goods. products or serv ices; but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. "Personal injury" or "advertising injury": {1} Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; Copyright. Insurance Services Office, Inc., 1994 CG 00 01 0196 _~ 1,,,,1 " a '""""ill 334 CGL Coverage Form (2) Arising out of oral or written publication of material whose first publication took place before the beginning of the polley period; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the Insured; (4) For which the Insured has assumed liability In a contract or agreement. This exclusion does not apply to liability for damages that the Insured would have In the absence 01 the contract or agreement; or (5) Arising out of the actual. alleged or threat- ened discharge. dispersal. seepage, migra- tion, release or escape of pollutants at any time. b. "Advertising Injury" arising out of: (1) Breach of contract, other than misappro- priation of advertising Ideas under an Im- plied contract; (2) The failure of goods, products or services to conform with advertised quality or per- formance; (3) The wrong description of the price of goods. products or services; or (4) An offense committed by an Insured whose business Is advertising, broadcasting. pub- lishing or telecasting. c. Any loss, cost or expense arising out of any: (1) Request. demand or order that any Insured or others test for, monitor, clean up. re- move. contain. treat, detoxify or neutralize. or In any way respond to. or assess the ef- fects of pollutants; or (2) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up. re- moving. containing, treating, detoxifying or neutralizing, or In any way responding to. or assessing the effects of pollutants. Pollutants means any solid. liquid, gaseous or thermal irritant or contaminant, including smoke. vapor. soot. fumes, acids. alkalis. chemicals and waste. Waste includes materials to be recycled. reconditioned or reclaimed. COVERAQE C. MEDICAL PAYMENTS 1. Insurtng Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; CG 00 01 0196 (2) On ways next to premises you own or rent. or . (3) Because of your operations; provided that: (1) The accident takes place In the "coverage territory" and during the policy period; (2) The expenses are Incurred and reported to us within one year of the date of the acci- dent; and (3) The Injured person submits to examination at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap. pllcable limit of Insurance. We will pay reason- able expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical. surgical. x-ray end dental services, Including prosthetic de- vices; and (3) Necessary ambulance, hospital, profas- - slonal nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily Injury": a. To any Insured. b. To a person hired to do work for or on behalf of any Insured or a tenant of any Insured. c. To a person Injured on that part of premises you own or rent that the person normally occu- pies. d. To a person, whether or not an "employee" of any Insured. If bel1sllls for the "bodily Injury" are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. To a person Injured while taking part In athlet- Ics. f. Included within the "products-<:ompleted op- erations hazard". g. Excluded under Coverage A. h. Due to war. whether or not declared, or any act or condition Incident to war. War Includes civil war. Insurrection, rebellion or revolution. Copyright. Insurance Services Office. Inc., 1994 Page 5 of 13 --I. - ^ " ~ r', 1'1 '( ," ., 'I- , , I I I 1 " 'r, I , , \ , I; ,i , ' "i, nt; 1e to :/.. n, :e )f l- I- n j I,' CGL Coverage Form , SUPPLEMENTARY PAYMENTS - COVERAGES A ANDB We will pay, with respect to any claim we Investigate or settle. or any "suit" against an insured we defend: 1. All expenses we Incur. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 3. The cost of bonds to release attachments. but only for bond amounts within the applicable limit of Insurance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the Insured at our request to assist us In the Investigation or defense of the claim or "suit", Including actual loss of earnings up to $250 a day because of time off from work, 6. All costs taxed against the insured In the "suit". 8. Prejudgment Interest awarded against the Insured on that part of the judgment we pay, If we make an offer to pay the applicable limit of Insurance, we will not pay any prejudgment Interest based on that period of time after the offer. 7. All Interest on the full amount of any judgment that accrues after entry of the judgment and be- fore we have paid, offered to pay. or deposited In court the part of the judgment that is within the applicable limit of Insurance, These payments will not reduce the limits of Insur- ance. If we defend an Insured against a "suit" and an in- demnitee of the Insured Is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the Indemnitee seeks damages for which the Insured has assumed the liability of the Indemnitee In a contract or agreement that is an "insured contract"; b. This Insurance applies to such liability assumed by the Insured; c. The obligation to defend. or the cost of the de- fense of. that Indemnitee. has also been assumed by the Insured in the same "insured contract"; d. The allegations In the "suit" and the Information we know about the "occurrence" are such that no conflict appears to exist between the Interests of the Insured and the Interests of the Indemnitee; PIG. 6 nf 1~ ~. , 1.1 ~ I 335 e. The indemnitee and the Insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the Insured and the Indemnitee; and . t. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us In the Investigation, settlement or defense of the "suit"; (b) Immediately send us caples of any de- mands. notices. summonses or legal pa- pers received in connection with the "suit"; (c) Notify any other Insurer whose coverage is available to the Indemnitee; and (d) Cooperate with us with respect to coordi- nating other applicable Insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other Information re- lated to the "suit"; and (b) Conduct and conlrol the defense of the Indemnitee in such "suit", So long as the above conditions are met, attorneys fees incurred by us in the defense of that indemnitee, necessary litigation expenses Incurred by us and necessary litigation expenses Incurred by the indem- nitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of para- graph 2.b.(2) of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages), such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys lees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of Insurance In the payment of judgments or settlements; or b. The conditions set forth above. or the terms of the agreement described In paragraph t. above. are no longer met. . , . ~~ 336 CGL Coverage Form . SECTION II - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual. you and your spouse are in- sureds. but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or Joint venture. you are an in- sured. Your members. your partners. and their spouses are also insureds, but only with re- spect to the conduct of your business, c. A limited liability company, you are an Insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are Insureds. but only with respect to their duties as your managers. d. An organization other than a partnership. joint venture or limited liability company. you are an insured. Your "executive officers" and directors are Insureds. but only with respect to their du- ties as your officers or directors. Your stock- holders are also insureds. but only with respect to their liability as stockholders. 2. Each of the following Is also an Insured: a. Your "employees", other than either your "ex- ecutive officers" (If you are an organization other than a partnership. joint venture or lim- ited liability company) or your managers (if you are a limited liability company). but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" is an insured for: (1) "Bodily injury" or "personal Injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited li- ability company), or to a co-"employee" while that co-"emp/oyee" Is either In the course of his or her employment or performing duties related to the conduct of your business; (b) To the spouse. child. parent, brother or sister of that co-"employee" as a conse- quence of paragraph (1)(a) above; (c) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care serv ices. (2) "Property damage" to property: (a) Owned, occupied or used by. (b) Rented to. in the care. custody or COn- trol of, or over which physical control Is being exercised for any purpose by you, any of your "employees". any partner or member (if you are a partnership or Joint venture). or any member (if you are a 11m. ited liability company). b. Any person (other than your "employee") or any organization while acting as your real' es- tata manager. c. Any person or organization having proper temporary custody of your property if you die. but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative If you die. but only with respect to duties as such. That represen- tative will have all your rights and duties under this Coverage Part. 3. With respect to "mobile equipment" registered In your name under any motor vehicle registration law. any person is an insured while driving such equipment along a public highway with your per- mission. Any other person or organization respon- sible for the conduct of such person Is also an In- sured. but only with respect to liability arising out of the operation of the equipment. and only If no other insurance of any kind is available to that person or organization for this liability. However, no person or orgiinlzatlon Is an Insured with re- spect to: a. "Bodily Injury" to a co-"employee" of the per- son driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an in- sured under this prov Ision. 4. Any organization you newly acquire or form. other than a partnership. joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named In- sured if there is no other similar insurance avail- able to that organization. However: a. Coverage under this provision Is afforded only until the 90th day after you acquire or form the organization or the end of the policy period. whichever is earlier; ~ II v e ,I,' J CG 00 01 01 96 Copyright. Insurance Services Office. Inc.. 1994 Page 7 of 13 '''''''"F <, " ,-1 ,~- ^ """ ~'I , I CGL Coverage Form In. \ Is b. Coverage A does not apply to "bodily Injury" or "prop,erty damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal Injury" or "advertising Injury" arising out of an offense committed before you acquired or formed the organization, No person or organization Is an insured with respect to the conduct of any current or past partnership. Joint venture or limited liability company that Is not shown as a Named Insured In the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown In the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A. except damages because of "bodily Injury" or "property dam. age" Included In the "products-completed op. erations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit Is the most we will pay under Coverage A for damages because of "bodily Injury" and "property damage" included In the "products-completed op- erations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit Is the most we will pay under Cover- age B for the sum of all damages becausa of all "personal injury" and all "advertising Injury" sus- tained by anyone' person or organization. 5. Subject to 2. or 3. above. whichever applies. the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property dam- age" arising out of anyone "occurrence". ler ,Int m. or IS- ler la, he en ,Iy in- ler in ,n ::h ,r- n- n- ut 10 at 1r. e. Ir- y, lU n- er ty Ip 1- il- Iy ,e j, 13 6 ';~' Paae 8 of 1~ 337 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises, while rented to you or temporarily occupied by you with permission of the owner, arising out of anyone fire, 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sus- tained by anyone person. ' The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the polley period shown In the Declarations, unless the polley period Is extended after Issuance for an additional periOd of less than 12 months. In that case. the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. , SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or Insolvency of the Insured or of the Insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Duties In The Event 01 Occurrence, Offense, Claim Or Suit a. You must see to It that we are notified as soon as practicable of an "occurrence" or an offense which may result In a claim. To the extent pos- sible. notice should include: (1) How. when and where the "occurrence" or offense took place; (2) The names and addresses of any Injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim Is made or "suit" Is brought against any Insured. you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. "-1!ll11l11>l , ",--- ~,- .-.; ,.., rnn"..l"ht 1................_... (11......1.......... ""'ZJ:!__ 1._ 1,1 338 CGL Coverage Form C. You and any other involved Insured must: (1) Immediately send us copies of any de- mands. notices, summonses or legal pa- pers received In connection with the claim or "suit": (2) Authorize us to obtain records and other Information; (3) Cooperate with us In the Investigation or settlement of the claim or defense against the "suit"; and (4) Assist us. upon our request, In the en- forcement of any right against any person or organization which may be liable to the Insured because of injury or damage to which this Insurance may also apply. d. No Insured wlll,except at that Insured's own cost. vOluntarily make a payment, assume any obligation. or Incur any expense, other than for first ald. without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: I a. To join us es a party or otherwise bring us Into a "suit" asking for damages from an Insured; or b. To sue us on this Coverage Part unless all of Its terms have ileen fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are In excess of the applicable limit of Insur- ance. An agreed settlement means a settlement and r~lease of liability signed by us, the Insured and the claimant or the claimant's legal represen- tative. 4. Other,ilnsurance If other valid and collectible Insurance Is available to the. Insured for a loss we cover under Cover- ages A or B of this Coverage Part. our obligations are limited as follows: a. Prhnary Insurance This Insurance Is primary except when b. be- low applies. If this Insurance Is primary, our obligations are not affected unless any of the othlilr Insurance Is also primary. Then. we will sMre with all that other Insurance by the method described In c. below. CG 0001 01 96 b, Excess Insurance This Insurance Is excess over any of the other Insurance, whether primary. excess. contingent or on any other basis: (1) That Is Fire. Extended Coverage, Bullde~. Risk. Installation Risk or similar covereg. for "your work"; (2) That Is Fire Insurance for premises rented to you or temporarily occupied by you WIth permission of the owner; or (3) If the loss arises out of the maintenance Or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Cov- erage A (Section I). When this Insurance Is excess, we will have no duty under Coverages A or B to defend the In- sured against any "suit" If any other Insurer has a duty to defend the Insured against that 'suit', If no other Insurer defends. we will undertake to do so, but we will be entitled to the Insured's rights against all those other Insurers. When this Insurance Is excess over other In- surance, we will pay only our share of the amount of the loss. If any. that exceeds the sum of: (1) The total amount that all such other Insur- ance would pay for the loss In the absence of this insurance; and (2) The total of all deductible and self-Insured amounts under all that other insurance. We will share the remaining loss. If any, with any other insurance that Is not described In this Excess Insurance provision and wes not bought specifically to apply In excess of the Llm"s of Insurance shown In the Declarations of this Coverage Part. c. Method of Sharing If all of the other Insurance permits contribu- tion by equal shares, we will follow this method also. Under this approach each Insurer con- tributes equal amounts until It has paid Its ap- plicable limit of insurance or none of the loss remains. whichever comes first. If any of the other Insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each Insurer's share Is based on the ratio of "s applicable limit of Insurance to the total applicable limits of Insurance of all Insurers. Copyright, Insurance Services Office. Inc.. 1994 Page 9 of 13 '-;~'i ,~-- ...' - I I II CGL Coverage Form 6. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in tills Coverage Part as ad- vance premium Is a deposit premium only. At the close of each audIt period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the ad. vance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named In- sured. C. The first Named Insured must keep records of the Information we need for premium compu- tation. and send us copies at such times as we may request. 6. Representations By accepting this policy. you agree: a. The statements In the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you made to us; and c. We have Issued this policy In reliance upon your representations. 7. Separation Ot Insureds Except with respect to the Limits of Insurance. and any rights or duties specifically esslgned In this Coverage Part to the IIrst Named Insured, this Insurance applies: a. As If each Named Insured were the only Named Insured; and b. Separately to each Insured against whom claim Is made or "suit" Is brought. 8. Transfer Of Rights Of Recovery AgaInst Others To Us If the Insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The In- sured must do ',nothlng after loss to Impair them. At our request. the Insured will bring "suit" or transfer those rights to us and help us enforce them. 0, "BaA in "H~ ~ ~ f"'l..........l......... 1__....____ l""t__.!___ ".t..t.!.. I~~-' I ' - '-'".- . :' I 9. When We Do Not Renew 11 we decide not to renew this Coverage Part. we wlli mall or deliver to the first Named Insured shown In the Declarations written notice of the non renewal not less than 30 days before the expi- ration date. If notice Is mailed, proof of maillng will be suffi- cient proof of notice. SECTION V - DEFINITIONS 1. "Advertising Injury" means Injury arising out of one or more of the following offenses: a. Oral or written pUblication of material that slanders or libels a person or organization or disparages a person's or organization's goods. products or serv Ices; b. Oral or written publication of material that violates a person's right of privacy; c. Misappropriation of advertising Ideas or style of doing business; or d. Infringement of copyright, title or slogan. 2. "Auto" means a land motor vehicle. trailer or semitrailer designed for travel on public roads. In- cluding any attached machinery or equipment. But "auto" does not Include "mobile equipment". 3. "Bodily Injury" means bodily injury, sickness or disease sustained by a person. Including death re- sulting from any of these at any time. 4. "Coverage territory" means: a. The United Statas of Anfflrlca (Including Its territories and possessions), Puerto Rico and Canada; b. International waters or airspace. provided the Injury or damage does not occur In the course of travel or transportation to or from any place not included In a. above; or C. All parts of the world If: (1) The Injury or damage arises out of: (a) Goods or products made or sold by you In the territory described In a. above; or 33'9 ~-" 340 CGL Coverage Form (b) The activities of a person whose home Is In the territory described in a. above. but Is away for a short time on your business; and (2) The Insured's responsibility to pay damages Is determined In a "suit" on the merits. in the territory described In a. above or in a settlement we agree to. 5. "Employee" Includes a "leased worker". "Em- ployee" does not Include a "temporary worker". 6. "Executive offlce~' means a person holding any of the officer positions created by your charter. con- stitution, by-laws or any other similar governing document. 7. "Impaired property" means tangible property. other than "your product" or "your work". that can- not be used or is less useful because: e. It Incorporates "your product" or "your work" that Is known or thought to be defective. defi- cient, Inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; If such property can be restored to use by: e. The' repair, replacement. adjustment or re- moval of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 8. "Insured contract" means: a. A contract for a lease of premises. However. that portion of the contrl1ct for a lease of premises that Indemnifies any person or or- ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner Is not an "In- sured contract"; b. A sidetrack agreement; c. Any easement or license agreement. except in connection with construction or demolition op- erations on or within 50 feet of a railroad; d. An obligation. as required by ordinance. to Indemnify a municipality. except In connection with work for a municipality; e. An elevator maintenance agreement: CG 00 01 01 96 f. That part of any other contract or agreement pertaining to your business (inciudlng an In- demnification of a municipality In connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily Injury" or "property damage" to a third person or organization. Tort liability means a liability that would be ImpoSed by law In the absence of any contract or agreement. Paragraph t. does not Include that part of any contract or agreement: (1) That Indemnifies a railroad for "bodily In- jury" or "property damage" ariSing out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle. tracks. road-beds, tunnel, underpass or crossing; (2) That Indemnifies an architect, engineer or surveyor for Injury or damage arising out of: (e) Preparing, approving. or failing to pre- pare or approve. maps. shop drawings. opinions. reports, surveys. field orders. change orders or drawings and speclfi. cations; or (b) Giving directions or instructions, or failing to give them, If that Is the primary cause of the injury or damage; or (3) Under which the. Insured. If an architect. engineer or surveyor. assumes liability for an Injury or damage arising out of the In- sured's rendering or failure to render pro- fesslonal.servlces. Including those IIstad in (2) above and supervisory, Inspection. ar- chitectural or engineering activities. 9. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm. to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 10."Loadlng or unloading" means the handling of property: a. After It Is moved from the place where It Is accepted for movement Into or onto an air- craft. watercraft or "auto"; .. Copyright, Insurance Services Office, Inc.. 1994 Page 11 ot 13 ,'ww,.;, I ~,~ - l' ~. 1'1 , ,. '~:~...; ,,~", r,~,\ ,i5(.l\1',.,"" 'j~' \: '."; I I I I I tl 'ment In in- >ction mder other perty Tort osed :t or any I in- It of ons, and stle, or r or out lra- 1ge, lrs, ~ifi~ or art ,cl, for in- lO- in 3r. >Jy In lS ld Jt is r. ,.f~ ;;it, ;-\.,~,., -. ," ,'''' o .1 .. CGL Coverage Form b. While It is in or on an aircraft, watercraft or "auto"; or c. While It Is being moved from an aircraft. wa- tercraft or "auto" to the place where It Is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device. other than a hand truck, that Is not at- tached to the aircraft. watercraft or "auto". 11. "Mobile equipment" means any of the following types of land vehicles. Including any attached ma- chinery or equipment: a. Bulldozers. farm machinery. forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders. diggers or drills; or (2) Road construction or resurfaCing equipment such as graders. scrapers or rollers; e. Vehicles not described In a., b.o c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators. Including spraying, welding. building cleaning, geophysical exploration. lighting and well servlclnlilequlpment; or (2) Cherry pickers and similar devices used to raise or lower workers; t, Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of Persons or cargo. However. self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road mainten!lnce. but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and Page 12 of 13 341 (3) Air compressors, pumps and generators, Including spraying. welding. building cleaning. geophysical exploration, lighting and well servicing equipment. 12. "Occurrence" means an accident. Including con- tinuous or repeated exposure to substantially the same general harmful conditions. 13. "Personal InJury" means Injury. other than "bodily Injury". arising out of one or more of the follOWing offenses: a. False arrest. detention or Imprisonment; b. MaliciOUS prosecution; c. The wrongful eviction from. wrongful entry Into, or Invasion of the right of private occu- pancy of a room. dwelling or premises that a person occupies by or on behalf of its owner. landlord or lessor; d. Oral or written publication of material that slanders or libels 'a person or organization or disparages a person's or organization's goods, products or services; or e. Oral or written publication of material that violates a person's right of privacy. 14. "Products-completed operations hazard": a. Includes all "bodily Injury" and "property dam- age" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still In your physical pos- session; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for In your contract has been completed. (b) When all of the work to be done at the job site has been completed If your contract calls for work at more than one job site. (e) When that part of the work done at a job site has been put to Its Intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service. maintenance. correction. repair or replacement. but which Is otherwise complete, will be treated as completed. CG 00 01 01 96 o 0-' - fl'-"- Copyright. Insurance Services Office. Inc., 1994 " - 342 CGL Coverage Form b. Does not Include "bodily injury" or "property damage" arising out of: (1) The transportation of property. unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you. and that condition was created by the "loading or unloading" of that vehicle by any Insured; (2) The existence of tools. unlnstalled equip- ment or abandoned or unused materials; or (3) Products or operations for which the classi- fication. listed In the Declarations or In a polley schedule. states that products- completed operations are subject to the General Aggregate limit. 15. "Property damage" means: a. Physical Injury to tangible property. Including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical Injury that caused it; or b. Loss of use of tangible property that Is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur- rence" that caused it. 16. "Suit" means a civil proceeding In which damages becalJSe of "bodily Injury", "property damage". "personal Injury" or "advertising injury" to which this Insurance applies are alleged. "Suit" Includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding In which such damages are claimed and to which the Insured submits with our con- sent. CG 00 01 01 96 17. "Temporary worke~' means a person who Is fur nished to you to substitute for a permanant "ern: ployee" on leave or to meet seasonal or short term workload conditions. . 18. "Your product" means: a. Any goods or products. other than real Prop. erty. manufactured. sold. handled. distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials parts or equipment furnished In connection with such goods or products. "Your product" includes: a. Warranties or representations made at any time with respect to the fitness. quality, dura- bility. performance or use of "your product": and b. The providing of or failure to provide warnings or instructions. "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. 19. "Your work" means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished In connection with such work or operations. "Your work" Includes: a. Warranties or representations made at any , time with respect to the fitness. quality, dura. bility. performance or use of "your work"; and b. The providing of or failure to provide warnings or instructions. .. Copyright. Insurance Services Office. Inc., 1994 Page 13 01 13 [] ',',)?;: ~ ',<<, ,< - -.' "'_. "_"',_",_,r~ 1'- 1:1 ~- - ~ I",~ I! I: II I II II I, II ~ i II I' Ii 11 I: I' l:i I,; I,i 11 II I' !'i I.' ;, I'l I:! IJ i-I j'i 1-: :'1 '" elf~..~_~ .~,.....,.. ,H.,._, "'~_ ,~_. '" _ = . ~" " ..'",.".,.~. '" () ('J 5 -., ~ '7<' ~ '~ ~ ; ,. -r ')0 " ..c '~ ~ +' ~ ,,- ....... c , It...J .- c VI 0 :j- , -\- 0 R ;t:> ~ ~ " J 11 '1 ::>:::> '" ;:, ;: _ ~ ",..",N~_'" _"'_ _~ ~C_~" ~". Q ...r: \ ~g r y, ~,) ~l ~;t' '6 ~ O,r:;:=: "-;r'" ' -0 V1"1l s;~) ~ ~ I;,:,; ..J-j --t ..,<: ~ ~ r C(' I;). ~ ~ - ' ::> ~ ~ ,) ~ r<- :P .:;:::, ~ ~ ..,., . ~ o UI ',:-:-'" c:' ~.l :-:~) {D _, ."I!lI'I!:JI;~'W_-"' ',,",.. I, r~~'~ip.'!f.e:'i"""'<".~'!"'f';ni""'"''-'''l';_;\-'';'F~''''ilf\''''l~!i'''''~~!~~iJij:ffii'l<~;~""'''''1-J;'il-'ij!j~~~' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00210 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA NATIONAL MUTUAL C VS SPOTTS MELVIN W ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PEIFER & GROSS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 1st, 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep. York Co 18.00 9.00 10.00 29.80 .00 66.80 02/01/2001 WEBER, GOLDSTEIN, S~~ R. Thomas Kline Sheriff of Cumberland County GREENBERG Sworn and subscribed to before me this 6 't:-, day of J~ J-.t>-<> I A . D . (}.r" () l1ALu,.,,~ Prothonotary ''''-~ I"' I' 'I A"_ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00210 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA NATIONAL MUTUAL C VS SPOTTS MELVIN W ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SPOTTS MELVIN W but waS unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMP & NOT, DECLARATORY J On February 1st, 2001 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge DEP. LANCASTER CO 6.00 9.00 10.00 58.54 .00 83.54 02/01/2001 WEBER, GOLDSTEIN, ~~/"'// ~~/' R /Thomas Kline Sheriff of Cumberland County GREENBERG Sworn and subscribed to before me this -- !J '--- day of y~ oL,.,) I A.D. C 1;14' r {1,~, ft~ Prothonotary "":''''?T " IT -I~' " SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00210 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA NATIONAL MUTUAL C VS SPOTTS MELVIN W ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SPOTTS ELIZABETH but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 1st, 2001 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 02/01/2001 WEBER, GOLDSTEIN, S~~//;? R. Thomas Kline Sheriff of Cumberland County GREENBERG Sworn and subscribed to before me this 5' t:t:: day of ,~ oZt>v I A.D. 0..,-- Ql1~ dd,,,' * Prothonotary " ~ " COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 - SHERIFF SERVICE INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1. PLAINTIFF/Sf 2. COURT NUMBER 01-210 Civil Pennsylvania National Mutual.Insurance Company 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANTISI .,otice & ~omplaint Melvin Spotts, et. al. Declaratory Judgement { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERlY TO BE LEVIED, ATTACHED, OR SOLD. Peifer & Gross, Inc. 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, -rwP., STATE AND ZIP CODE "";lR Rd~;tG7O-- fV\O~ED 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE l:tDEPUTIZE C1JrrilDE:DEBifl.IMiIL NOW 1/18/01 19 I,SHERIFFOFmID: v="" COUNTY to ex, e t to law. This deputation being made at the request and risk of the plaintiff. . 8. SPECIAL INsmUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPECmNG SERVICE: SERVE . AT a POSTED a OTHER the sheriff of .~ql"according .....-- -- n Cumberland ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under wilhin writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy cr attachment, without Iiabllity on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYP~~ 'tP?R~~N'E~!GINATOR and SIGNATURE 19103 10. TELEPHONE NUMBER 11. DATE FILED THE BELGRAVIA, STE. 600, 1811 CHESTNUT ST., PHILADELPHIA, FA (215) 972-7900 1/12/01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice is to be mailed). ~ -- 13. [ acknowledge receipt of the writ or complaint as indicated above. SPACE BELOW FOA USE OF THE SHERIFF ONLY - [10 NOT WRITE BELOW THIS LINE SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. ExpirationlHearing Dale J. LUDWIG 1/19/01 2/11/01 16, HOW SERVED, PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POEt ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 17. I hereby certify and return a NOT FOUND because I am unable to [ocate the individual, company, corporation, etc, named above. (See remarks below.) 18. ME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service MOVED, LEFT NO FORWARDING ADDRESS ~ SO ANSWER, 41. AFFIRMED and subscribed ,to !::lefora, me.'fuis 44. Signature of De. eriff 45. Signature of York County Sheriff " n 47. Dale 48. Dale 42. day of 43. OR WILLIAM M. 46. Ignature 0 orelgn MY COMM SSION EXPIRES Coun Sheriff 50.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AuiH"ORIZED ISSUING AI.lTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office 1/30/01 49. Date 51. Date Received -';-.- . ..,.- j -.' .~~~--.;--:---"-~o_........___,~ -~<.'-~~-----;- '. couNTY OF YORK . OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 ,",,--,e. INSTRUCTIONS SHERIFF SERVICE PROCESS RECEIPT, and AFFIDA)!JTOF RETURN PLEASE TYPE ONLY LINES 1 TO 12 _'" . s~ __,_ _, ,00 f\LOTDETACIiANY CP.e._ES. 1. PLAINTff'r-ISI 2. COURT NUMBER J _ 10 Petinsvlvania National Mutl).gl.1.I"}S1.g'qnc.e_~~y. 4.TYPEOF~~~TORCOMPLA[!'JT 3. DEFENDANTISI : .. bee & canplilin t Helv~ s=tts. et; aL . '..___"'___,"' __ larato, Jud. nt _ SERVE' { 5. NAME OF INDIVIDUAL., COMPANY, CORPORATION, ETC. TO SEAVE OR DESCRIPTION OF PROPE, RTY, TO BE LEVIED, ArrACHED, OR SOLD. -1IIIIIlo.:... Peifer & Gross, Inc. _ , , ...,.....- 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORa. lWP., $TATEAND ZIP CODE AT 7~~rl~ M\),\\G2 7. INDICATE: SERVICE: q PER~ONA_L _ .._ O...PJ;.fi.SP.tiJ~, C~AB9S" _ .~.J3 DE:PUJ:~ rnli~"tt.~IL 0 1ST CLA~.~ MAIL Q POSTj;Q 0 OTHER NOW 1,1 1 A /.-, l' ~~ __19-~ I, SHEAIFFOF X2Jli.fl: COUNTY, PA, do hereby deputize the sheriff of _ _v.........1.. _ _ _..' .. .COUNTY to execute this Writ and make return thereof according to law. T~is_ deput3fio~-belng m~de at ~~~_r~9~~s!. ~~~..~-!}~e flai~~~ ;._-.~_ "_--''<''.':~.'~'H..~.~~Fili=-F---D~:i~~ 'COUNT'i 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 2S EAS~ MARKET ST., YORK, PA 17401 _~~_~-":"~--"'-~-"'---"~T'"-'''''''- -' !"'- "'. ''''',. """":"-''''-''_'"",-~''":.'-~ ". ,..~~' .---~. , Cunoorland ADw.N:::E FEE PAID BY CUMBERI.J\ND COONTY SHERIFF ~__ ~_" ~"""'~-'''''.''''..;...-_,c'.....o.-'~_'''~,;~'=''''''''''''~"--'rioo-,,,j-;- t',i,~",/ _,.....-::"t-.,;h'!Zl~~.,_.. ," :.LL",:,-::.~" ,--,- NOTE 9NI,.Y APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy :>heritrl~vying upon or attaching any property under within writ may leave same without.a watchman, in custody of whomever is found in possessIon, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff here!n_f(Jr any loss,!. destruction, or remC?v~!~Q.f ~m,yproR~[ty be19Ie S!1~Ei!!~~!ll..the'@J?t ,~ . ,.: ,~__'",. ",.~.'_~ - .::;:;:-' 9. TYPE NAME AND ADDR.ESS_ olATIPRNJ;.,([QRIGINATOR and SIGNATURE 19103 10. TEL.EPHONE NUMBER 11. DATE FILED KENNETH M. PORTNER, ~. THE J3EIJ8RAVIA, STE. HOOf 181Lc:HEST!3.!IT_ST., ~!f;mw~;t;fJ:Lll,{"a~ ,(2:1:5\ 972-:7900 1/12/01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed It notice Is to be mailed). I . ..... .. . ' lIi;;;t~,,,,,~ (SPACE BELQWFQRUSE OF THE SJ'I!=RIEE.ONL'l-f)O NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of t1ie writ SIG'NATURE -O~ AUTHORIZED CLERK 14. Date Received 15. Expiration/Hearing Date or-complBlntas indicated above. -.il~. ....~_G ...'-""'.,__"_<' > .o."',--"_lL'"'F 1/19/01 2/11/01 16.HOWSE~YED: PERSONAle) __M,~L~~N.~_E~CL~--..~P.,J....-1-,~~4--.)- ,,","",,,~~9!.E.tdr_ ~ ..~g,".t~~.I~.(~) _ .. SEEREMAAKS 17!b ] hereby certify and ret~m ? NOT FOUND b~.!:::€!.u::>e.LeJ!L4f!able tOJg9 te .ttl~jrlf:!i0.d_l,!.,~A;qmRaoy, ~:orporati9n, etc:, !I~tn.ed above,. {S-~fema.rks !;lelow,) 18. AME AND mLE OF INDIVIDUAL SERVED I UST ADDRESS HERE IF NOT SHOWN ABOVE (RelationshIp to Defendant) 19. Date of SeNlce 20. Time of SeN;ce . ' .);'" = MileS! Int. 22. REMARKS: K:lVED, LEFT 00 FORWARDLJoK; ADDRESS ! I 43. -- .I' ...!.... . '. .:,.: ~ro.tl'An~ry7fifolarYP.u6!ic MY COM SSION EXPIRE:'~ __ :';:"7,' , . , . Col,ln_ 50. I ACKNOWLEDGE RECEfpt'bF. THE; SHERIFF'S RETURN SIGNATURE OF AlJTH.Ofll~D ISSUIt-!@ AI lJ1:i9~ITV ~ND TITLE ~,_ _,_..'- . -<~_:-~:,. 1, WHITE - Issuing Authority 2. PINK - Attorney 3. CANA,AY . Sheriff's Office , SO_ANSWER. 44. Si_gn8:lure_9~ _ . 'ff 45. Signature of York County Sheriff 47. Date lZ,,_, - .::"-;5--" .;;.~--..-,::/ /" -:..;~ ./.-.'/ !~ ;'/;:;~':Z:: .:(,.-. ~,~ 48. Date . /" 0/ 49. Date _"'O'~E,=''''''--'''~'''' -.-,-::-J-.;<' ,-.,,~,~; .~'~-'~.'~. . ,,,:_~~~\ 51.Da~e Rec-=~~~_ 4. BLUE w Sheriff's Office L ........~ Ir-~Ir-~'S ."'->'........,11-1-: 1'.1-1'- ,~' ':'_ ')'1, ' ~ OFF~CE 10f 2 .. , SHERIFF !ERVI CE PROCESS RECEIPT and i~FFI[,AVITOI: RETURN 50 NORTH DIIKE fTIIEET, 1',0. E;O (1,3480, LANCASTER, PENNSYLV,INIA 17608-3180 . (71 ') 299-8200 [--~ ... . ... :;, .' PlSASE ... . ; Doiih;'''''~ '*'el:.:Adi ,., ,"J~!;'" 2. COllRT NUMBE-=\ 01-210 Civil ~LAINT1FF/SI Pennsylvania National Mutual Insurance Co. 3. DEFENDANT/SI Melvyn Spotts, et. al. SERVE {5' NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC" TO 8E SERVED. . Melvin Spotts d/b/a Mel Spotts Excavating ......... 6. ADDRESS (Street or RFD. Apartment No., City, Bore, Twp., State and ZIP Code) AT 1296 Martin St, East Earl, PA 17519 7, INDICATE UNUSUAL SERVICE, Xl DEPUTIZE 0 OTHER Cumberland Now, 1/lA/01 20 ,I, SHERIFF OF~ COUNTY, LalllC'aster County to execute this to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 4~" OF WRIT,OR CQMPLAINT "M Ii Ccxnp.LaIDt SHERIFF OF~n:R COUNTY Cumberland ~ ~ B ~ NOTE ONLY APPLICABLE ON WRIT OF EXECUTION; N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching allY property under within writ may leave same without a watchman, in custOdy of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein tor any loss, destruction or removal of any such property before sheriff's sale thereot. 9. SIGNATURE of ATTORNEY or of her ORIGINATOR 10, TELEPHONE NUMBER 11. DATE KENNE:llI M PCRTNER (215) 972-7900 1/10/01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice is to be mailed). . .::::~ .:.; : :': 13.1 acf<,nowledge receipt of the writ l orcomplaintas indicated above. r !\NNElTE WAL= 717-295-3609 16 I hereby CERTIFY and RETURN tha I ve personally served, ave legal evidence of service as shown in "Remarks", 0 have executed as shown in "Remarks", the wntor complaInt des ed on the indiVidual, company, corporation, etc., at the address shown above oron the individual, company, COf- porCition, etc., at the address inserted below by handing a TRUE and ATTESTED COpy thereof. 17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Narne and title of individual served (if not shown above) (Relationship to Defendant) 19. ONoService See Remarks BeIOlN (No. 30) 20. Address of where served (complete only if different than shown above) (Street orRFD, Apartment No., City, Bora, Twp. Stale and Zip Code) 21. Date of Service 22. Time .....- PM EST ~ 23, ATfEMPTS Miles gz Dep, Int. I1AH- 24. Advance Costs R112122 JOO.OO 30, REMARKS, S,T,A" CK.# J (gf/7 I I' }-z,'D 34, 5~P~~::iv{e 33. Date 01 CJCL -0 36901.,,,,, I f '(}.~.O 37, Prothonotaryl MY COMMISSION EXPIRES ,. WHITE" Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Offic ""~!I-1!I'l~~j!j.~'~IC~'I"'Wlflilli'''_!'"''%~'.'fi'''''''''"r--'''=''-''''--"''i'""''''--'",'"--7''''''Tr'-''1~''I''''''''''''''~''''' r'" ,.-.,'"'''--'f~' .TI"c'"-~='''''r''''"'"''''''-~'''r''''''''''~~''''''''''<''"'"c ";'=""''''~..O__~''~~~'''~=<=''''''''''''''''~~-1fP._~'7j'"''''''''''''''''",,,,.,,,,,,,,',,."..."'I".lll~____-",' " "A ~ ,~. ~_ .~ ~' <- _ _y~ _ ~ ri' ~ -',,,.. " ~> '. , '~ ~~~~ -;::rin31-l8 0011;;);\ .~ M ~.<' _~ 'c " ." - '"'=,'- VdW8N1rl l'-"~" I 'II '-liS r.- I : ',"-, -Ii" 'F-I" '-I_I. ." ,,] '_.. 0, :B H~ ;0 -I ,," t, i~;j'; O :J;\ t::> 'I ~rLJ ~::J \I~..J\..,..~J,_] '.c~ -JJN,J;~~~"ii!~WI@~~:;'%>l!lf'JlIj!ijM~~,{~~I!iff~~i!t1'l$f;i~~i:.;w~;if?,I~?tftt!0'Hi'-'i;r;-.,"':'.,"-,",,; ,.~-=--/., - ~. , ". . ~ , "--'V:';'~Ai--'c.: '1"'1"'~;~".Y' - '," 'miiN"%~ .s.r~ERrFF'S OFF~CE ;;! of 2 50 N09TH DUKE ~ mEET, 1',0, E',O (1,3480, LANCASTER, PENNSYLV"NIA 1"608-3480 . (71/)299-8200 SHERIFF f;ERVICE --- , : PLEA~E lf~~ft!l;,r:~;~\, PROCESS RECEIPT. and I\FFlt'AVIT '0,= RETURN DOiNOT ,QETACH ~N~fiiii:Si, 2 COURT NUMBER 01-210 Civil 'r.JPtt8~ ~1TC'~'i~1MrT .,-'" 1 1) PLAINTIFF/SI pennsylvania National 3 DEFENDANT ISI Melvin Spotts, et. al. SERVE {5' NAME OF INDIVIDUAL, COMPANY. CORPORA nON, ETC, TO BE SERVED, ~ Elizabeth Spotts .. 6. ADDRESS (Street or AFD. Apartment No., City, 80ro. Twp" State and ZIP Code) AT 1296 Martin St. East Earl, FA 17519 7 INDICATE UNUSUAL SERVICE, Xl DEPUTIZE 0 OTHER Now, 1 /18/01 20 _ , I, SHERIFF O~R COUN~ LaI'lGOlEJter County to execute tnrvrit.,li to law. This deputation being made at the request and risk of the plaintiff, . 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Mutual Insurance Company SHERifF 0 COUNTY OJrnberland ~ B ; HorE ONL V APPl.ICABlE ON WRIT OF'EXECUTION: H.B. WAIVER OF WATCHMAN - Any deputy sherin levying upon or attaching allY property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein- for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE KEmEl'Il M PCRTNER ( 215) 972-7900 1/10/01 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). WEBER GClLDSl'EIN GREENBERG & =roIER THE BELGRAVIA SUITE 600 1811 CHESINUT sr PIlIIA PA 19103 " . ~" """ ~~i~~~;~~~,;~~~;:~~E;~; 13. I acknowledge receipt of the writ l or complaint as indicated above. r 1/19/01 15. Expiration/Hearing date 2/20/01 16. J hereby CERTIFY and RETURN that I ave personally served, 0 have legal evidence of service as shown in "Remarks", 0 have executed as shown in "Remarks~, the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company,cor. poration. etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. [J I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc.. named above, (See remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. ONoServlce See R~marks Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street orRFD,Apartment No., City, Bora, Twp. State and Zip Code) 21. Date of Service 22. Time ..-- PM EST JiOl<l'l""" 23, ATTEMPTS Dep.lnt. 24. Advance Costs Rl12722 30, REMARKS, S,TA, 37 ~~p~~n::j~le of 33. Date 01-.22- 0/ "/")3 -01 34, S 1. WHITE. Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office "~'~'>W'~~V'''''''~:~'''''''''Pf''''^~'''~='''''''"''''''''' T'-~"'--"~--~-fT~'I''''"'~^-''I-''-''-T--'~'"'',,,"-,=-:r-'V'A,."~,"',, ,O~"~''''_'~.'",''_r_'''''.'''''_''''"'-''''''''''-~''''''.T_"'"'''''''=''''~_~"_''''''''''''"...,,,,,,,,,,,,,,,,,.,,m,,,,,,,,",,," y' " "J I ("'-, ''''I,l"en \Ie: ..)u \) "V I 'Ld'Yi ('-1-';'':-::1'1-18 .. ::I.' ._),_."J".., 0<::8 I-!V 6 i rjiJi' 10 O]/\ij~}]d ~'\:>, ;l':lfR;Ht~ q~~.Tt.t.' ~o"_~="""",,,,~,,--,,,;,,,,,,,,,,,,,,,,,,,,-!,~",,~,'!f;{.\'-I,,,,-#H"R~1H~,~\~'J"ji;";,",,-""'1Iii\~~..t~i~I'~';!ii%1,iI,'i;,;""'~!\lfmlt~~~1~";}iii~"1~iJ;!;~;:y':;;',;';''j1';'0"H~';f.'" .,. . ~.," ~~. \ ---1' -;,-.",'" "r I !.I!! r r:'~IC 'w",' " .. ,. . WEBER GOLDSTEIN GREENBERG & GALLAGHER By: Kenneth M. Portner, No. 62194 dtS- 9.~;{-!:ta6 The Belgravia, Suite 600 ~ 0 1811 Chestnut Street Philadelphia, P A 19103 Attorney for Plaintiff Pennsylvania National Mutual Insurance Company -, Pennsylvania National Mutual Insurance Company Plaintiff v. Melvin Spotts, Mel Spotts d/b/a Mel Spotts Excavating, Elizabeth Spotts Orchard Hills Associates, Pocono Village Associates Defendant. CUMBERLAND COUNTY COURT OF COMMON PLEAS OI-~IO C\~l'l - C:> '-' o '"r-, -,., - - ........ -< <0 ' 0",,::::0 co:::o f;1 C(""jI ?>""rJf7; ""1J _, TRUE COpy fROM@.oeJ~ 1ft T8I\tl!1Il)ny wnereot, twe: ~ a,ndthtllell of said~~. at, .' . ~ "'" ~ f~.dIY 81L_~' (/Cjl ,.'~ 1U1'''' i{(j-I ,__:' , ry "- ~~ ~< COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717)249-3166 \~,. ~ ., .-, ,~~ I ~ ---,--- AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, listed tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Race falta asentar una comparencia escrita 0 en persona 0 con un abogado y entre gar a la cone en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si listed no se defiende, la corte tornara medidas y puede continual' la demanda en contra suya sin previa aviso a notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con tadas las provisianes de esta demanda. Usted puede perder dinero a sus propiedades U otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCI6N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL SERVICIO DE REFERENCIA LEGAL 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 - ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL V ANIA NATIONAL MUTUAL CASUALTY COMPANY Plaintiff, v. CIVIL ACTION MEL VIN W. SPOTTS, MEL SPOTTS d/b/a MEL SPOTTS EXCA VA TING, ELIZABETH SPOTTS, ORCHARD HILLS ASSOCIATES, POCONO VILLAGE ASSOCIATES NO.: (jl - 'dvl () Defendants, COMPLAINT FOR DECLARATORY JUDGMENT AND OTHER RELIEF Pursuant to 42 Pa. C.S. *7531 et. seq., Penn National Mutual Casually Insurance Company ("Penn National"), brings this action for declaratory judgment and other relieCand in supportthet'eof avers as follows: IP ARTIES l. Penn National is an insurance company organized and exisling utider the laws oCthe Commonwealth of Pennsylvania with a principal place of business located at Ilarrisburg. Pennsylvania. 2. Melvin W. Spotts is an individual who resides at 1296 Martin Stt'eet, East Earl, Pennsylvania. 3. Elizabeth Spotts is an individual who resides at 1296 Marlin Street. East Earl. Pennsylvania and at all times relevant hereto was the wife of Me! Spotts. 4. Orchard Hills Associates ("Orchard Hills") is a general partnership. The parlners arc Robert E. Goodling of Carlisle, Pennsylvania, James T. Gibson ofMechanicsburg.l'ennsylvania and 1 -'-~ , - 1-",. tl JlI!I ] Peifer & Gross, Inc. a Pennsylvania corporation with a principal placc of busincss locatcd at New Cumberland. Pennsylvania.. 5. Pocono Village Associates ("Pocono Villagc") general partnership. Thc partncrs are Peifer & Gross, Inc., a Pennsylvania corporation with a principal placc of business at New Cumberland, Pennsylvania. AAA Quality Builders, Inc.. a Pennsylvania corporation with a principal place of business at Mechanicsburg. Pennsylvania, and PV01-IA. lnc.. a Pcnnsylvania corporation located in Carlisle. Pennsylvania. 6. Orchard Hills and Pocono Village are namcd as partics whosc intcrcsts may be alTected by the declaration sought herein in accordance with 42 Pal C.S. ~754(). .JURISDICTlON 7. This Court has jurisdiction over this matter pursuant to thc Pennsylvania Declaratory Judgment Act, 42 Pal C.S. ~7531 et. seq. VENUE 8. Venue is proper with this Court as defendants either residc or regularly conduct business in this County. FACTUAL BACKGROUND 9. Penn National issued tour consecutive polices of Commcrcial General Liability Insurance to "Mel Spotts Excavating" and/or "Mel Spotts t/a Mel Spotts Excavating" . policy no. CL90037516, with a policy periods of 09/26/93 to 09/26/94. 9/26/94 to 9/26/95. 9/26/95 to 9/26/96 and 9/26/96 to 9/26/97. Copies ofthe declaration pages of said policics arc attached as Exhibit "A". 2 :''''' "'I ,., 10. At all times relevant hereto, Spotts and his wife Elizabeth were in the plumbing excavation business and operated a business known as Mel Spotts Excavation. Spotts maintains a business address at 45 Martin Street, East Earl, Pennsylvania. I \. In or about 1994, Orchard Hills was the owner of a mohile home park known as "Pocono Village Court" or "Pocono Mobile Home Park" (the "Pmk") located in Pocono Township, Monroe County. Pennsylvania. 12. Sewage disposal for the mobile homes located in the Park was provided by means of a septic system located on the Park premises. 13. On or before August, 1994, Orchard Hills hired Spotts to perllmn repairs on tlw Park's septic system. 14. Spotts performed the work between August. 1994 and December, 1994. IS. In 01' about December, 1994, in the course of his work Spotts cut one of the septic system's gravity teed pipes. This pipe was connected to a dosing tank, and allt:r it was cut. sewage which was supposed to pass through the pipe into the tank instead was released into the ground in and around the Parle 16. Spotts completed his work at the Park in December. 1994, 17. At sometime subsequent to December, 1994. it was discovered that sewage had escaped from the septic system and had contaminated the ground in and around the parle 18. Orchard I-Hils and Pocono Village commenced suit against Spotts in September. 1997 in the Court of Common Pleas of Cumberland County, Pennsylvania. Orchard Hills and Pocono Village tiled a Complaint against Spotts in this suit in or about March. 1998 and an Amended 3 coo:: d' " 'I -",- - ~ ..,. f I ,~ Complaint in or about July, 1999. (the "Complaint" and "Amended Complaint"") Copies of the Complaints are attached hereto as Exhibit "B". 19. The Complaints allege that Spotts pertormed his work at the Park in a negligent careless and reckless tllshion and that Orchard Hills and Pocono Village were damaged as a result. 20. In particular, the Amended Complaint alleges that Spotts "cut 01'1' a gravity feed pipe or line which connected eleven (II) mobile homes to a "dosing tan"" without reconnecting thaI line to any other part of the septic system. As a result of this action, the sewage which emanalt:d from those eleven (II) mobile homes was not deposited into the septic system 1(11" the mobile home polrk and was simply dumped into the ground". Amended Complaint. paragraph ~La., Exhibit "B" hereto. 21. The Amended Complaint further alleges that Spotts acts "causcd the untreated waste from eleven (II) mobile homes to simply pass into the ground" and that this "violated federal and state environmental laws and the ordinances of Pocono Township in Monroe County and exposed the owners and representatives of Orchard Hills to criminal and civil penalties and sanctions !(lr such violations.". Amended Complaint, paragraph 9, attached hereto as Exhibit "11". 22. The Amended Complaint seeks damages representing the cost of repairing and/or remedying Spotts' allegedly defective work (including costs incurred in identifying the source lll'the problem) and treating and removing soil in the Park that had been contaminated with untreated sewage. COUNT 1-- DECLARATORY JUDGMENT--POLlCY COVERAGE 23. Penn National incorporates by reference thc averments of paragraphs I through 22 hereof as if fully set torth at length herein. 4 7'<','1 ,,', -, -, '-", ~ -~ - I-t 'I - , 24. The Penn National policies provide coverage for sums Spotts is kgally obligated to pay on account of "'property damage", as defined in the policies, which is not otherwise excluded. See General Liability Coverage Form, attached hereto as Exhibit "'Coo. 25. The Penn National policies exclude from coverage "'property damage" to real property on which the Spotts is performing operations, or personal property that must be "restored. repaired or replaced" because Spotts' work was incorrectly performed on it (See CG 000 I 0 I 96. Section I. Coverage A.2.J(5), 2.J(6), at 3). The Penn National policies also exclude coverage for "property damage" to Spotts' "work" as defined in the policies. (See CG 00 0 I 0 I 'Hl, Section I.. Coverage A.2.l, at 4). 26. The claims asserted in the Complaint and Amended Complaint Iidl within the ambit of the exclusions cited in the preceding paragraph and therefore arc not covered under the Penn National policies. 27. [n addition. the Penn National policies contain a Total Pollution Exclusion which provides that the "'property damage" coverage does not apply to claims which would not have occurred in whole or in part but for the discharge, dispersal, scepagc. migration. release or escape of "pollutants". "Pollutants" means any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkali, chemicals and waste. (See CO 114901 96) 28. The claims asserted in the Complaint and Amended Complaintlilll within the ambit of the Total Pollution Exclusion and therefore there is no coverage for these claims under the Penn National policies. 5 " - T-- I, i1 29. An actual controversy exists between thc parties concerning the issuc of whether Spotts is entitled to coverage under the policies for the claims asserted in the Complaint and Amended Complaint. 30. Declaratory judgment is the only remedy by which the liabilities of the parties can be determined. WHEREFORE, Pennsylvania National Mutual Casualty Insurance Company demands judgment in its favor and against defendants as follows: a. A declaration that under the tenus of the Policies und applicable law. Penn National has neither a duty to defend nor a duty to indemnify Spotts fi.lr the claims asserted in the Complaint and Amended Complaint; and b. For such other and further reliefthis Court may deemj ust and proper. including attorneys' tees and cost of suit. COUNT 11- REIMBURSEMENT OF ATTORNEYS FEES AND COSTS 31. Penn National adopts by reference the allegations of the preceding paragraphs and incorporates the same herein as if fully set forth at length. 32. Penn National is presently detending Spotts against the claims asscrtcd in the Complaintand Amended Complaint pursuant to a reservation of its right to contest its obligutions undcr its policics. 33. Pursuant to the terms and conditions of the Policies, Penn National is only obligatcd to defend Spotts against claims which are actually or potentially covered under the Policies. 34. In the event that this Court enters a declaration that Penn National hus no duty to dcfend Spotts against the claims asserted in the Complaint and Amcnded Complaint, Penn Nutional is entitled to recoup the tees and costs it has paid on Spotts' behalf in defense of the claims. 6 '~"i"l'l!l;!1~._~ ."~ ""1 ~.! t , WHEREFORE, Pennsylvania National Mutual Casualty Company demands judgment in its favor and against defendants as follows: (a) An order directing Spotts to reimburse Penn Nationull()r all fees and costs incurred by Penn National in defending Spotts aguinst the claims usserted in the Compluint and Amended Complaint and; (b) POl' such other and further relief this Court may deem just und proper, including attorneys' fees and cost of suit. Respectfully submitted. WEBER GOLDSTEIN GREENBERG & GALLAGHER BY~-- ~ k ~ Kenneth M. Portner Attorneys I()r Pluintin: Pennsylvania Nationul Mutual Cusualty Insurance Company /-1<:)- Qj Date: 7 ,.-,,, I n - I... I r ~ ~ VERIFICATION I. Kenneth M. Portner, hereby verify that the statemcnts made in the I()rcgoing pleading are true and correct to the best of my knowledge, information and belieI'. The undersigned understands that the statements therein arc made subject to thc penalties or I g I'a. C.S.A. 4904 relating to unsworn falsitieation to authorities. / ~--- ~--'P"- ." ." .,L -. Kenneth M. Portner Date:~ ~ I '- I' "I ,,, PENN NATIONAL INSURANCE COMMERCIAL LINES POLICY COMMON OECLARATIONS NEW OECLARA TIONS """y1'4t1i1 N11lo~ MINI C-..My I,.,.,.. ComPlny '.nnN'linISlCuntJl"LIII"llf(:~ny P.O. BooM2Ml'H1rrillllA'g,PA "105 NON-ASSESSABLE POLICY NUMBER _u.. PO~ICV 'e'-Ioe u COVERAQE IS PROVIDED IN AGENCY BR CL9 0037518 09/28/93 109/28/94 PA NATIONAL MUTUAL CAS INS CO DDoo7S9 ~1 NAMED INSURED AND ADDRESS AGENCY MEL SPOTTS !lCAVATING MURRAY INS ASSOC tNC PO BOl 32 POBOX 1728 EAST EARL PA 17519 LANCASTER PA 17803 POLICY PERIOD: POLICY COVERS FROM: 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED STATEO ASOVE. FORM OF BUSINESS: UIDIVIDUAL BUSINESS DESCRIPTION: RESIDENTlAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM. AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART S 403.00 $ $ 3,137.00 2,511.00 $ $ $ $ $ ..:TO,.Ai1:i~) ....:.:.:.~$!;Q'9' <::,'.":/.:.,:,':::'::'" ,', '--''''''''0.''..... ',"." INSTALLMENT SERVICE FEE $ 10.00 FORMS APPLICABLE TO ALL COVERAGE PARTS: IL0248 08/89 lL0910 01/81 701572" 08/87 IL0172 04/93 IlOD17 11/85 '''SIC ..,-Pl" TMe SIC COal "........ :LN.l~'. TV" 2 2 77 1794 N 998 COUNTERSIGNEO BY: Authorized Representative THESE OeCLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS. COVERAGE PART COVERAGE FORMISI. ANO FORMS, IF ANY. ISSUEO TO FORM A PART THEREOF. COMPLETE THE ABOVE NUMBEREO POLICY. fORM 71-0025 lED. 03/911 HOME OFFICE ISSUED 10/11/93 "I> ~"""r__" 'l'!"","" ,~~"~ ~~ , ""'1_,- ", """~~~~'~N~, ~. '"_ ,~,.- 11'. PENN NATIONAL r INSURANCE COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS NElli DECLARATIONS P.nyhltNMllinl UiJl.lIl CIMICy 1"""_ ComlllflY P'IYlNlllllIIIISlcllllylnlure.CCWllIIllJ P,O.h.23ll.HI".....P~ 1710& NON-ASSESSABLE POLICY NUMBER CAn... POLICV 'ERIOD '" COVERAGE IS PROVIDED IN AGENCY BR CL9 0037518 08/28/93 109/28/84 PA NATIONAL MUTUAL CAS INS CO 000075S 31 NAMED INSURED AND ADDRESS AGENCY MEL SPOTTS EXCAVATING MURRAY INS ASSDC INC PO BOX 32 POBOX 1728 EAST EARL PA 17519 LANCASTER PA 17803 POLICY PERIOD: POLICY COVERS FROM: 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED STATED ABOVE. FORM OF BUSINESS:IND IV IDUAL BUSINESS DESCRIPTION: RESI DENT lAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. DESCRIPTION OF PREMISES AND COVERAGES PROVIDED INSURANCE AT THE DESCRIBED PREMISES APPLIES ONLY FOR THE COVERAGES SHOWN: PREMISES NO. 1 1 1298 MARTIN STREET, EAST EARL LANCASTER CO PA 1751j DEDUCTIBLE: $250 BUILDING NO.: 1 PROTECTION CLASS: 09 CONSTRUCTION: FRAME OCCUPANCY: OFFICES, OTHER THAN GOVERNMENTAL COVERAGE: YOUR BUSINESS PERSONAL LIMIT OF INSURANCE: $2,000 REPLACEMENT COST PROPERTY COINSURANCE: 80X COVERED CAUSE DF LOSS: SPECIAL FORM SEE SUPPLEMENTAL DECLARATIONS, FORM 71-0021S ~Ar~~..~~~~iYM.':..~9~'~,~'.:.~e~~~~~~~:.. ;' i.I;: ,'"4'0$20'0. "';':':"'" _."'n''','''' ... _.n.....:..:.,; FORMS APPLICABLE TO THIS COVERAGE PART: CP0090 07/88 CPI030 10/91 CP0010 10/81 710218 01/92 ~:~ ~~'l:. ",<: SIC CODE ,- U"'D. TIAM 2 2 17 1794 N 998 COUNTERSIGNED BY: Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORMjSI AND FORMS. IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. FORM 71-0027 lEd. 03/931 HOME OFFICE ISSUED 10/11/93 -'0"- ~" ,- ~1. , " , COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL DECLARATIONS POliCY NUMBER FAOM POLIC", PEIlIIOO TO COVERAGE ,IS-PROVIDED IN AGENCY BR Cl.9 00375 "I 09/28/93 I 09/28/94 PA NATIONAl. MUTUAl. CAS INS CO GOOO759 31 DESCRIPTION OF PREMISES AND COVERAGES PROVIDED INSURANCE AT THE DESCRIBED PREMISES APPLIES ONLY fOR THE COVERAGES SHOWN: PREMISES NO. 2 : 1254 EAST EARL ROAD DEDUCT lBLE: 1250 EAST EARL LANCASTER CO PA 17519 BUILDING NO.: 1 PROTECTION CLASS: 011 CONSTRUCTION: ~OISTED MASONRY OCCUPANCY: CONTRACTORS EXCAVATION EQUIPMENT STORAGE COVERAGE: IUIl.DING l.IIIT OF INSURANCE: S7.200 COINSURANCE: 80S REPLACEMENT COST COVERED CAUSE OF LOSS: SPECIAL FORI BUIlOING NO.: 2 PROTECTION CLASS: all CONSTRUCTION: ~OISTED IIASONRY OCCUPANCY: OFFICES, OTHER THAN GOVERNMENTAL COVERAGE: BUILDING LIIIIT OF INSURANCE: $98,500 COINSURANCE: 80S REPLACEMENT COST COVERED CAUSE OF LOSS: SPECIAL FORM BUILDING NO.: 3 PROTECTION CLASS: 09 CONSTRUCTION: FRAME OCCUPANCY: CONTRACTORS' EXCAVATION EQUIPMENT STORAGE COVERAGE: BUILDING l.IMIT OF INSURANCE: $4,800 REPLACEMENT COST COINSURANCE: 80S COVERED CAUSE OF LOSS: SPECIAL FORM FORM 71-00275 lEd, 03/91) HOME OFFICE ISSUED 10/11/93 , , POLICY SCHEDULE OF NAMES AND ADDRESSES POLICY NUMIEII FAOY PO~IC" '(II:IQO TO COVEIIAGE IS PIIOVIDED IN AGENCY III CLI 00375 HI 09/28/13 I 09/28194 PA NATIONAL MUTUAL CAS INS CO ~000159 31 THE FOLLOWING ARE I.NSUREDS ON THIS POLICY COMMERCIAL PROPERTY NAMES AND ADDRESSES PREMISES NO.: 2 BLUE BALL NATIONAL BANK MORTGAGEE PO BOX 580 BLUE BALL PA 11508 FORM 11-0028 (ED. 03/91) HOME OFFICE ISSUED 10/11/93 ';;0;, ^' ", PeNN NATIONAL COMMERCIAL GENERAL INSURANCE LIABILITY COVERAGE OCC~RRENCE POLICY NEW DECLARATIONS PART DECLARATIONS ~1~IOl'lIII~C"I~INI.I.l'C'IComplnv Ptrfl NIIlonII kllltV IN",." Com""" P,O,BlIl_,.....,,.~. PA 111~ NON-ASSESSABLE THIS POLICY IS SUBJECT TO A GENERAL AGGREGATE LIMIT POLICY NUMBeR 1Il....... PQI,U:V PE~IOO TO COVERAGE IS PROVIDED IN AGENCY BR CL9 0037518 09/28/93 109/28/94 PA NATIONAL MUTUAL CAS INS CO 0OO075S 31 . NAMED INSURED AND ADDRESS AGENCY MEL SPOTTS EXCAVATING MURRAY INS ASSeC INC PO BOlt 32 POBOX 1728 EAST EARL PA 17519 LANCASTER PA 17803 POLICY PERIOD: F'OLICY COVERS FROM: 12:01 A.M. STANDARD TIME AT THE AOORESS OF THE INSUREO STATEO ABOVE. FORM Of BUSiNeSS, INDIVIDUAL. BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM. AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCe AS STATED IN THIS POLICY. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS - COMPLETED OPERATIONS) PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT peRSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENce LIMIT FIRE DAMAGE LIMIT. ANY ONE FIRE MEDICAL EXPENse LIMIT, ANY ONE PERSON $ $ S $ $ $ 1,000.000 1,000,000 500,000 500,000 50,000 5,000 PREMIUM 'NFORMA TION CODE PREMIUM BASIS PER RATES ADVANCE PREMIUM PREMS/OPS PRODUCTS PREMS/OPS PRODUCTS SEE SUPPLEMENTAL DECLARATIONS. FORM 71-0029S ..tPT~.....~~~i'.~~~MIOM:~d";.Tft;~...~6j15~~:~Aijf'...'..'.. "."",. '.:'(""""3."""';'1 ~7:!;'J;;i;: "..." . .:p.":,:,"., ,,":W!V:,...' , ..,"....;::....".." ., ,..... ;.::::::, .',':<~::,:::./::;',:''':::':::::' ORMS APPLICABLE TO THIS COVERAGE PART: CCl2503 11/85 CG2504 11/85 IL0021 11/85 CGOOOl 11/88 CG2150 09/89 CG2149 11/88 ~l~ t::~'1:" TMe Sle CODa 10....- m't. 2 2 77 1794 N 998 COUNTERSIGNED BY: Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORM(SI, AND FORMS, IF ANY. ISSUED TO FORM A PART THEREOF. COMPLETE THE ABOVE NUMBERED POLICY. FORM 71-0029 (Ed. 03/931 HOME OFFICE ISSUED 10/11/93 ..~;W!: ~,~ , -<' ~ ,_ _' ,r- - COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS POlICY NUMBER FAOM POllCV PEAIOD TO COVERAGE IS PROVIDED IN AGl:NCY I BR CL9 0037518 09/28/93 I 09/28/94 PA NATIONAL MUTUAL CAS INS CO 0000759 31 PREMISES NO. 1 : 1298 MARUN STREET EAST EARL LANCASTER CO PA 17519 . RATES ADVANCE PREMIUM CODE PREMIUM BASIS PER PREMSIOPS PRODUCTS PREMSIOPS PRODUCTS 94007 18,250 PAYROLL 1000 VARIOUS VARIOUS INCLUDED INCLUDED EXCAVATION RATES ADVANCE PREMIUM CODE PREMIUM USIS PER PREMS/OPS PRODUCTS PRElS/OPS PRODUCTS 95410 18,250 PAYROLL 1000 VARIOUS VAR IOUS INCLUDED INCLUDED GRADING Of LAND PREMISES NO. 2 1254 EAST EARL ROAD EAST EARL LANCASTER CO PA 17519 RATES ADVANCE PREMIUM CODE PRElIUM BASIS PER PREMS/DPS PRODUCTS PREIIISIDPS PRODUCTS 81212 4,838 SQUARE fEET 1000 VARIOUS INCLUDED BUILDING OR PREMISES - BANK OR OFFICE - MERCANTILE OR MANUFACTURING (LESSORS RISK ONLY) OTHER THAN NOT. FOR - PROFIT INCLUDING PRODUCTS-COMPLETED OPERATIONS FORM 71-00295 (ED. 03/91) HOME OFfICE ISSUED 10/11/93 -,.. .~I -'I " _ I r, ", PENN NATIONAL INSURANCE COMMERCIAL INLAND MARINE COVERAGE NEW DECLARATIONS PART DECLARATIONS "~N11IOn11M1MIC~ll'lIllffttComPlny fIwIl NlIIin1 "lIlly II'Nftll COIIIplI" p.o, 10. 2M' '1o(1I,."".'A mCl& NON-ASSESSABLE POLICY NUMBER ....... POLICY PII\IOO -- COVERAGE IS PROVIDED IN AGENCY BR CL9 00375111 09/28/93 109/28/84 PA NATIONAL MUTUAL CAS INS CO 0000758 31 NAMED INSURED AND ADDRESS AGENCY gEL SPOTTS EXCAVATING MURRAY INS ASSOC INC PO BOX 32 POBOX 1728 EUT EARL PA 17519 LANCASTER PA 17803 POLICV PERIOD: POLICY COVERS FROM: 12:0' A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED STATED ABOVE. FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM. AND SUBJECT TO ALL THE TERMS OF THIS POLICY. WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMEN~ PREMIUM CONTRACTOR'S EQUIPMENT ALL COVERAGE PARTS NOT OTHERWISE SPECIFIED $ 2.311. 00 200.00 $ $ $ $ $ $ $ :..TQt.i...A6vANcii;..PReMIUM".Foij'..THi$.'.Ca~~Ad~.pw.,"'.,'... ':"::: ::::::':::\::',::,:,'::'::;::~:.:/': .::. ",...:','":" "."::'::':: ,:",'.::.::: :: ::. ".::,,'''::::,,:.:::-.::.,;:'::.:: ;' '. ::": .,:,~:.~:,-::..., " '.,.. · .........2.;5'1:t,,~cf ..':....:",:, '"""'.."",."."",,,. .......-,'.'. "....."", FORMS APPLICABLE TO ALL COVERAGE PARTS: 111903 02/85 11147 04/88 710082 01/92 710371 08/92 IM259 01/87 710187 10/91 702589 10/89 JIll 00 08/B4 IM42 07/88 IM83 07/88 !iIf }l'~~ TMC SIC COD! ,...... : ..~'i~. 2 2 77 1794 N 998 COUNTERSIGNED BY: Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORMlS), ANa FORMS. IF ANY. ISSUED TO FORM A PART THEREOF. COMPLETE THE ABOVE NUMBERED POLICY. HOME OFFICE ISSUED 10/11/93 FORM .71-0031 lED. 03/93) "(~~~-'-""''', ,~ """~.I. ,," COMMERCIAL INLAND MARINE DECLARATIONS - CONTRACTOR'S EQUIPMENT POLICY NUMBER ,"MOM POl.ICY PII'UOD TO COVERAGE 'SPROVIDED IN AGENCY 8R CL9 00375111 09/211/93 I 09/211/94 PA NATIONAL MUTUAL CAS INS CO 0000769 31 EACH ITEM THAT IS COVERED MUST BE DESCRIBEO BELOW ~R ON A SCHEDULE THAT IS A PART ~F THIS POLICY. A COVERAGE AMOUNT MUST BE SHOWN FOR EACH ITEM. THIS IS THE MOST THAT WE WILL PAY FOR A LOSS TO THAT ITEM. DEDUCTIBLE : $500 THE ABOVE DEDUCTIBLE AMOUNT WILL APPLY SEPARATELY TO EACH ITEM INVOLVED IN EACH LOSS AFTER ALL OTHER AD~USTMENTS HAVE BEEN MADE. ITEM DESCRIPTION OF EQUIPMENT 1 1988 ~OHN DEERE EXCAVATOR 2 1989 CAT D3C BULLDOZER' 3 1988 CAT 953 LOADER 4 1989 BOMAa 1420 ROLLER COMPACTOR 5 1989 ~OHN DEERE MDL 855 LANDSCAPE 'TRACTOR W/89 YORK RAKE I 79 LOADER 8 STANLEY COMPACTOR (ATTACHMENT I 7 CONTENTS IN ITEM '8-~OB TRAILER 8 1993, ~OHN DEERE 410D BACKHOE 1T04100a793722 COVERAGE AMOUNT $ $ $ $ $ s S $ TOTAL AMOUNT OF INSURANCE $ 45,000 34,000 75,000 18,000 7,BOO 4,000 2,000 7.,000 258,800 , "''''','-'',-' TO.tAL:AOVANC'f~..:EM) iUNf,i~dAjT.',.H1:':.S.C6V1RAd'> .. ..... . ...... ,... ..... .'. r", r .,':,'..,",' '.'.' .", s,...,a,'...,....,.,...,,3,:. ..1....., 1,'i;.'.iJ". 0,.....:. ,. '".. . ,,", ".. ,"..",,' " .,.....,'",. ,," '..",," .:.:":, ",',: ~ :,,:: ., "'.. ." ..' ';: '.: .;:: : ',::., "~:'. :.: ;.' FORI 71-0125 (ED. 1./9. I HOME OFFICE . ISSUED 10/11/93 jf ",,,", ~ "",. ._~~ .""""f'lI I- ~ _ , ," PENN NATIONAL INSURANCE Pennsvlvania National Mutual Casualty Insurance Col11tJanv PlInn National Secufitv Insurance Campany PO, 8" 2301 Harrisburq. PA 17105.23til THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Thla andor.amlnt ohang.. thl policy alllctlvl on thl Inclptlon dltl 01 tha policy or.. of tha data Indlcatad bllow. .~, q ,0,3, ~~ ~~, . , 91.2.6/9~. , . ~1.2~1.~4. . . . , . . P.... N.- EI"'~Ml E...... . , , . . . . . . . , , . . , , , . , . . . . . ,9/~~~9.3, , . . . , E~No. EM.aM . ~ smrs,~C"Y.\T.ING......., ......,. ".,,"'10 . ~J .:I;N$, 4S.SPC .I.NC. . . OOQ P7S9. . . . , . . . AI""I 11/4/93 LAS ........... ....................... ...~ A....n&IiM This endorsement mod"les such Insurance as Is afforded by the provIsions 01 the policy relating to the following: COMMERCIAL INLAND MARINE POLICY LOSS PAYABLE PROVISIONS SCHEDULE Loss Payee applicable: ~ A. Lender's Loss Payable B. Contract 01 sale Loss Payee JOIDf DEERE nm. OOUIPMEHT OJRP Address PO BOX 65090 WEST DES K>INES IA 50265-0090 APPLICABLE TO THE FOLLOWING PROPERTY Description Location Manulacturer I Amount of Type of of properly Serial. Insurance Coverege 1993 JOBIC DEERE T0410DG793722 $71,000 OON'l'RACl'ORS 410D Il.\CKHOE ~UIPMENT For covered property In which bolh you and a loss Payee shown In the schedule or In the Declaralions have an Insurable Interest. we win adjust losses with you; and pay any claim for loss or damage jointly to you and the Loss Payee, as lntereat may appear, HltIn 71.0187 (Ed. 10191) Page' 0/2 AAIS this endorsement changes the Inland Marine coverage. If . coverage Is shown on the line below. this endorsement applies only to that cOYenlge. -l'WII REAll TK18 CAREFUUY- (The 1nIormal/cn lIfluJ/ed below 11II)' be ahown on .separat. tdltdult or.uppIemtntaIllednIlons.) CL9 0 03 7S 16 DEDUCTIBLE The followInG deductlblt amount wiN applv to each loss alter all other adjustments have been made. $ ~ - 1M"" tEd. 4-11) IM...7 AAIS ~ eo"n,hl 19B8 m., ~. . ~ ."" , This Inland Marine coverage Is subject to. the tlrllll shown below. The Inland Marine GenetiJ lrinns also apply. -PWIE READ THII J:AREFUUY- MISCELLANEOUS PROPERTY COVERAGE {The Informlllari lIqullld below mill be shawn an I Slparlllschsdull or sUDpllmantal Declaratlons.l MIS CL9 0 03 7S 16 IM_ lEd. 2"11 DESCRIBED PROPERTY The covered property consists mainly of: mN'I'IUr.m.~ Ml!lr.I'.T.T.TKmlIS m4AU. 'lmT.Cl AND FDUIPMENT COWlfllI1 Amount S A.OOO The most that WI will pay for all covered property in the event of a loss Is: DEDUCTIBLE The following deductible amount will apply to each loss after all other adjust. menla have been madl. S '1M COINSURANCE You must maintain a minimum coverage amount. This minimum coverage amount Is the full actual cash value of all covered property. If the coverage amount at the time of loss Is less than the minimum coverage amount, WI will pay only a part of a loss. Our part of the loss will be determined by dividing the coverage amount by the minimum coverage amount. This percent will be applied to the final ad. lusted loss to determine the amount that we will pay. I PROPERTY COVERED I WI cover the described property that belongs to you. WI also cover similar property that belongs to others and for which you are Hable. L PERILS COVERED W. cover direct physical loss to covered properly unless the loss Is caused by a peril that is excluded. The loss must be due to an extemal cause. I PERILS EXCWDED I w. do not pay for a loss If one or more Of Ille following excluded perils apply to the lass, regardless of other causes or events that contribute to or aggravate the loss, whether such causes or events act to produce the loss before, at Ille same time as, or after the excluded peril. We do not pay for a loss that results from: 1. a dishonest Dr Ulegal act, alone or In collusion with another, by: a. you; b. .others who have an Interest In the property; c. others to whom you entrust the property; or d. the employees Dr agents of a., b. Dr c., whether Dr not they are at work. IM.803 " ~, , ~""""" r'f ., I [I w. do cover loss caused by dishonest acts by carriers Dr other ballees for hire. 2. swindling, fraud, trick or false pretense. 3. the acceptance of: a. counterfeit money or fraudulent post office or express money orders; or b. checks Dr promissory notes which are not paid upon presentation. 4. mysterious disappearance. 5. any callse when the only proof Illat a loss occurred is an Inventory shortage. 6.. breakage of glass or similar fragile items. W. do cover breakage If it IS caused by fire; lightning; windstorm, hail; earthquake; flood; smoke; explosion; aircraft, space- craft, seIf-PfOP8!Ied misslJes or objects that faJJ from Ihese Items; vehicles, including an accident to a transporting vehicle; strike; riot; civil commotion; vandalism; theft; attempted theft; sprinkler leakage; or collapse of buildings. 7. a process to repair, adjust, service or maintain covered property. If a fire or explosion results, WI do cover the Joss caused by the fire or explosion. 8. mechanical breakdown or failure. If a fire or explosion re. sults, we do cover the loss caused by the fire or explosion. @ CaPYril1ll 1185 MIS -1- ~ .~- " \I, PENN NAnoNAL INSURANCE Penoovlvlnit NoliClnll MUIII.I euull\y In..,.... ComIJIny Penn NIllonIt s....,1ty tnourlllCl ComIllIlY 1100 O.rrv StreIt . Hlmlburg PA 17104 Mill: P.ll, Box 2381 Zi!l17105-2361 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. INLAND MARINE POLICY CHANGES POLICY CHANGE NUMBEfI DOC '1 CL9 0 03 75 16 I'Ol.ICY CHANGES EffECTIVE 09/26/93 POUCY PERIOD POUCY NUMBER 09/26/93 TO 09/26/94 NAME INSURED AUTHORIZED REPIIESENT A TIVE MEL SPOTTS EXCAVATING MURRAY INS ASSOC INC 000 0759 COVERAGE PARTS AffECTED CONTRACTORS EQUIPMENT CHANGES IT IS HEREBY AGREED FORM 71-0125 IS REVISED TO REFLECT THE FOLLOWING: ITEM '7 - CONTENTS IN ITEM '6 JOB-TRAILER IS AMENDED TO READ CONTENTS CONTAINED IN THE 1987 WELLS CARGO TRAILER VALUED AT $2,000. ITEM '8 - 1993 JOHN DEERE 410D BACKHOE NT0410DG793722 IS AMENDED TO A VALUE OF $65,500. REVISED LIMIT - $251,300. PREY P PR 100 04/12/94 TLS Authorlzod fIIptI.....cI.. .Ign..... FGnn 71.0181 lEd. 10/911 'L _ ~ _"""I'" ~~l 00 "~__ ,~ "., . PENN NA110NAL INSURANCE COMMERCIAL LINES POLICY COMMON DECLARATIONS RENEWAL OF CL8 0037518 __1.....-,_0.."" 'till NIIInI"",_11ItlIftt c...., P.o,lollal,-HlIlfi1lllr1,PA11"0I NON-ASSESSABLE !"OLlCY NUMBEII POLICY '!"IOCl .. COVEIIAGE IS !"1I0VIDED IN AGENCY III CL8 0037518 08/28/84 108/28/85 PA NATIONAL MUTUAL CAS INS co 0000758 ~1 NAMED INSUIIIlD AND ADDIIESS AGENCY IEL SPDTTS EXCAVATING MURRAY INS ASSOC INC PO BOX 32 P Q BOX 1728 EUT EARL PA 17518 LANCASTER PA 17808 POLICY PEIIIOD: POLICY COVERS FIIOM: 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED STATED ABOVE. FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL. INLAND MARINE COVERAGE PART $ 422.00 $ $ 3,134.00 2,481.00 $ $ $ $ $ INSTALLMENT SERVICE FEE $ 10.00 FORMS APPLICABLE TO ALL COVERAGE PARTS: ILOO.7 11/85 IL0248 08/S8 710477 05/83 IL0910 Otl81 702280 ILO.72 12/88 11/83 ~:I~ "'~:. IMe lie caDI ,- ~'1o.:. 2 2 77 1794 N U8 COUNTERSIGNED BY: Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORM(S; AND FORMS. IF ANY. ISSUED TO FORM A PART THEREOF. COMPLETE THE ABOVE NUMBERED POLICY. FORM 7'-0025 (ED. 03/91) HOME OFFICE ISSUED 10/14/94 {'-~'''''1'''''''-' ~~- """1_' r " . ,., ~. ~ -"" > ~ > .~--~~~~,,~, . PENN NATIONAL INSURANCE COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS RENEWAL OF CL9 0037518 ,-*_,M...Coo.oIyI_Com\lOI'! PwNltill'lll....,I,...,.,CoIll.... P'O'....'.HIrriIIaq.'A1'. NON-ASSESSABLE POLICY NUMBER .....u l'QtICY ""'OQ ,. COVERAGE IS PROVIDED IN AGENCY IR eLl 0037518 01/28/14 101/28/15 PA NATIONAL MUTUAL CAS INS co 0000758 31 NAMED INSURED AND ADDRESS AGENCY MEL SPOTTS EXCAVATING . MURRAY INS ASSDC INC PO BOX 32 POBOX 1728 EAST EARl PA 17518 LANCASTER PA 17808 POLICY PERIOe: POLICY COVERS FROM' 12:01 A.M. STANDARD TIMe AT THe ADDRess OF THE INSURED STATeD ABOve. FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM. AND SUBJECT TO ALL THE TERMS OF THIS POLICY. WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. DESCRIPTION OF PREMISES AND COVERAGES PROVIDED INSURANCE AT THE DESCRIIED PREMISES APPLIES ONLY FOR THE COVERAGES SHOWN: PRUISES NO. 1 : 1298 MARTIN STREET EAST EARL LANCASTER CO PA f7519 DEDUCT IILE: U50 BUILDING NO.: 1 PROTECTION CLASS: 09 CONSTRUCTION: FRAME OCCUPANCY, OFFICES. OTHER THAN GOVERNMENTAL COVERAGE: YOUR BUSINESS PERSONAL LIMIT OF INSURANCE: S2.000 REPLACEMENT COST PROPER TV COINSURANCE, 801 COVERED CAUSE OF LOSS: SPECIAL FORI SEE SUPPLEMENTAL DECLARATIONS. FORM 71-0027S ~11!l1~lIlil'_;i".. FORMS APPLICABLE TO THIS COVERAGE PART: CPOO90 07/88 CPf030 10/91 CP0010 10/91 710218 10/93 ,~,~ ~~~:IR ....c I SIC coe. ~.'R:. 2 2 77 I f794 N 998 COUNTERSIGNED BY: Authorized Reprll8entative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS. COVERAGE PART COVERAGE FORM( . AND FORMS. IF ANY. ISSUED TO FORM A PART THEREOF. COMPLETE THE ABOVE NUMBERED POLICY. FORM 71-0027 (Ed. 03/911 HOME OFF ICE JSSUED 10114/9j ~~,"I:- "....". .'_r I <~I ." "'PlV ," PENN NATIONAL INSURANCE Penntylvlni. NttlCXl8l MuluIl ClluaIty lnsuflMl Compenv P.O. loll 2311 Hatridluft, PA. 11105-238' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Thl. .ndonamant chang_tha policy etIect!va on tha InD'Ptlon data of tha pollcy'or a. of tha d.ta Indicated below, CL9 0 02 75 18 . , . "~II~Nu'mb.r . . . . . . ifhictive' . , , . . . . .. 'E~pl~nO' . . . . . . . . , , , . . . . . I~.uedl~' . . . . . . . . . . . . . . . . . 'Enc..;,.:.~~ Ni. . . . . . . . . . . . . . . . . . '&tfeCthi.' . . . . . . . . . , . . . . . . 'AQ.i-.t' . , ............ . . . . . . . '.' . . . 'Authorized AePN..~tl~.' . . . . . . . . . . , Thl. andoraement modlfle. .uch In.uranee as Is effo,ded by the provisions 01 the policy relating to the following: COMMERCIAL. INLAND MARINE POLICY TOOLS AMENDATORY ENDORSEMENT Coverage Is amended ae follow.: PROPERTY COVERED We covered your portable tools and equipment valued laes than $ 1.000 per Item or ..t. Thi. Includes their container., spare parts, and accessorle.. We also cover aimilar property that belongs to othera and for which you are liable. Fonn 7O-2G8lI lEd. 10I8B1 ,'f:~ " "' COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL DECLARATIONS P NUM ER '''0'' POLICY ""100 TO COVERA E IS PA VIDEO IN IA CLI 0037518 01/28/14 01/28/15 PA NATIONAL MUTUAL CA~ INS CO DESCRIPTION OF PREMISES AND COVERAGES PROVIDED . . INSURANCE AT THE DESCRIIED PAEMISES APPLIES ONLY FOR THE COVERAGES SHOWN: PREMISES NO. 2 : 1254 EAST EARL ROAD DEDUCTIBLE: $250 EAST EARL LANCASTER CO PA 17511 BUILDING NO.: 1 PROTECTION CLASSI 01 CONSTRUCTION: ~OISTED MASONRY OCCUPANCY: CONTRACTORS EXCAVATION EQUIPMENT STORAGE COVERAGE: BUILDING LIMIT OF INSURANCE: $7,200 REPLACEMENT COST COINSURANCE: 80S COVERED CAUSE OF LOSS: SPECIAL FORM BUILDING NO.: 2 PROTECTION CLASS: 09 CONSTRUCTION: ~OISTED MASONRY OCCUPANCY: OFFICES, OTHER THAN GOVERNMENTAL COVERAGE: BUILDING LIMIT OF INSURANCE: $98,500 REPLACEMENT COST COINSURANCE: 80X COVERED CAUSE OF lOSS: SPECIAL FORM BUILDING NO.1 '3 PROTECTION CLASS: 09 CONSTRUCTION: FRAME OCCUPANCY: CONTRACTORS EXCAVATION ,EQUIPMENT STORAGE COVERAGE: 8UILDING LIMIT OF INSURANCE I $4,800 . REPLACEMENT COST CO INSURANCE: 80s COVERED CAUSE OF LOSS: SPECIAL FORM FORM 71-00275 (Ed 03/911 HOME OFF I CE ISSUED 10/14/84 "::'1 -~ POLICY SCHEDULE OF NAMES AND ADDRESSES PLlYNUSE AOVIDED PA NATIONAL MUTUAL CAS INS CO 0007&831 A ENCY SA ""OM 'Que", ItIRIOO TO CL8 0037&11 08/21/84 08/21/8& THE FOLLOWING ARE INSUREDS ON THIS POLICY CO.MERCIAL PRllPERTY NAMES AND ADDRESSES PREMISES NO.: 2 ILUE BALL NATIONAL BANK PO BOX 580 BLUE BALL PA 17&01 MORTGAGEE ALL BUILDINGS FORM 71-0028 (ED. 03/91/ HOME OFF ICE -),~- ,~ ISSUED 10/14/94 - . PENN NAllONAL COIIERCUL INSURANCE GENERAL LIABILITY COVERAGE PART OCCURRENCE POLICY RENEWAL OF CL8 0037518 DECLARATIONS __I_c-,,_~ ,.,.__,.......Coopoy ,..0.....1......... "A171. NON-ASSlSSAlLI THIS POLICY IS SUBJECT TO A GENERAL AGGREGATE LIMIT I'()t..CV NUM81!R ...u POLICY '"RIOD .. COVI!RAOi IS. PROVIDED IN AGENCY J 8A CL8 00375111 08/28/84108/28/85 PA NATIONAL MUTUAL CAS INS CO 000075'1 NAMED INSURED AND ADDfIES. AGENCY MEL SPOTTS EXCAVATING MURRAY INS ASSOC INC -c- PO BOX 32 POBOX 1728 EAST EARL PA 17518 LANCASTER PA 17808 POl.ICY PERIOD: POLICY COVERS !'ROM: 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED STATED ABOVE. F~M OF BUSiNeSS: INDIVIDUAL BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF. THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY, LIMITS OF INSURANCE GENERAL AGGflEGA TE LIMIT /OTHER THAN PRODUCTS. - COMPLETED OPERATIONSI PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL ANO ADVERTISING INJURY LIMIT EACH OCCURRENCe LIMIT FIRE DAMAGE LIMIT, ANV ONE FIRE MEDICAL eXPENSE LIMIT. ANY ONE PERSON S $ S S $ $ 1,000,000 1,000,000 500,000 500,000 50,000 5,000 PREMIUM INFORMATION . CODE PREMIUM BASIS PER RATES ADVANCE PREMIUM PREMS/OPS PRODUCTS PREMS/OPS PROOUC' SEE SUPPLEMENTAL DECLARATIONS. FORI 71-00295 ORMS APPLICABLE TO THIS COVERAGE PART: IL0021 11/85 CG0001 11/88 CCl2503 11/85 CCl2150 09/89 CG2504 11/85 CG214911/88 TMC 'IC coal .... u." M COUNTERSIGNED BY: Authorized Representative 2 2 77 1794 N 998 THESE OECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS. COVERAGE PART COVERAGE FORN AND FORMS, IF Am. ISSUED TO FORM A PART THEREOF, COMPLETE THE ABove NUMBERED POLICY. FORM 71-0029 lEd. 03/91) HOME OFFICE ISSUED 10/14/9 '"" ;.., ~~I '. ", I I COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS P IC NUMBER '"0" POliCY "!'IOD TO COVERAGE PROVIDED IN BR CLI 0037518 01/28/94 09/28/95 PA NATIONAL MUTUAL CAS INS CO PREMISES NO. 1 1298 MARTIN STREET EAST EARL LANCASTER CO PA 17&19 RATES ADVANCE" PREMIUM CODE PREMIUM BASIS PER PREMS/OPS PRODUCTS PRElS/OPS PRODUCTI 94007 18,&00 PAYROLL 1000 VARIOUS VARIOUS INCLUDED INCLUDEl EXCAVATION RATES ADVANCE PREMIUM CODE PREMIUM BASIS PER PREIS/OPS PRODUCTS PREU/OPS PRODUCT, 85410 18,600 PAYROLL 1000 VARIOUS VARIOUS INCLUDED I NCLUDEI GRADING OF LAND PREMISES NO. 2 1254 EAST EARL ROAD EAST EARL LANCASTER CO PA 17519 RATES ADVANCE PREIlIUM CODE PREMIUM BASIS PER PRElS/OPS PRODUCTS PREIS/OPS PRODUCT 81212 4,838 SQUARE FEET 1000 VARIOUS INCLUDED BUILDING OR PREMISES - BANK OR OFFICE - MERCANTILE OR MANUfACTURING (LESSORS RISK ONLY) OTHER THAN NOT - FOR - PROFIT INCLUDING PRODUCTS-COMPLETED O~ERATION5 FORM 71-00295 (ED. 03/911 HOME OFFICE ISSUED 10/14/9~ ~'!~ . . PENN NA110NAL INSURANCE COMMERCIAL INLAND MARINE COVERAGE PART DECLARATIONS RENEWAL OF CL9 0037518 __.....c-",__ .....NdIDNI....,......~~ 11,0. ...., tHlrrlllllq.Pl ~'* NON-ASSESSABLE POLICY NUMBER ........ 'OLleY 'I"IOD .. COVERAGE IS PROVIDED IN AGENCY BR eLlI 00371518 09/28/94 109/28/95 PA NATIONAL MUTUAL CAS INS CO DOO071S9 81 NAMED INSURED AND ADDRESS AGENCY MEL SPOTTS EXCAVATING MURRAY INS ASSOC INC PO BOX 32 POBOX 1728 EAST EARL PA 17519 LANCASTER PA 17808 POLity PERIOO: POLICY COVERS FROM 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED STATED ABOVE. FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY. WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PRliMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. CONTRACTOR'S EQUIPMENT ALL COVERAGE PARTS NOT OTHERWIse SPECIFIED PREMIUM s 2,281.00 $ 200.00 $ S S S S S FOAMS APPLICABLE TO ALL COVERAGE PARTS: 710082 01/92 710371 08/92 1142 07/B8 IM83 07/S8 U903 !M2S9 111100 u... COUNTERSIGNED BY: 2 2 77 1794 N 998 02/85 01/87 08/84 04/88 10/91 U47 7101B7 Authorized Representative THeSE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORM(~ ANO FORMS. IF ANi. ISSUED TO FORM A PART THEREOF. COMPLETE THE ABOVE NUMBERED POLICY. FORM 71-0031 IED.03/SIl HOME OFFICE ISSUED 10/14/94 "0~"""m'IjII!,...,..,.."... "I" ,..,..,. - " COMMERCllL INLlND MlRINE DECLARATIONS - CONTRACTOR'S EQUIPMENT POLICY NUMBER FROM POLICY '!"IQD TO COVERAGE IS PROVIDED IN AGENCY IR CLI 0037518 01/28/14 I 08/28/15 PA NATIONAL ,MUTUAL ClS INS CO ~OOO75& 31 EACH ITEM THlT IS COVERED MUST BE DESCRIBED BELOW DR ON A SCHEDULE THAT IS A PART OF THIS POLICY. A COVERAGE AMOUNT MUST IE SHOWN FOR ElCH ITEM. THIS IS THE MOST THlT WE WILL PAY FOR l LOSS TO THlT ITEM. DEDUCTIBLE : $500 THE ABOVE DEDUCTIILE AMOUNT WILL APPLY SEPARATELY TO EACH ITEM INVOLVED IN EACH LOSS AFTER ALL OTHER ADyUSTMENTS HAVE 8EEN MADE. COVERAGE AMOUNT ITEM DESCRIPTION OF EQUIPMENT 1 1888 JOHN DEERE EXCAVATOR 2 1989 CAT D3C 8ULLDOZER 3 1888 CAT 853 LOlDER 4 1988 BOMAO 142D ROLLER' COMPACTOR 5 1981 ~OHN DEERE MDL B55 LlNDSCAPE 'TRACTOR W/89 YORK RAKE I 79 LOlOER 8 STANLEY COMPACTOR (ATTACHMENT) 7 CONTENTS CONTAINED IN THE 1987 WELLS 'CARGO' TRU LER 8 1893 ~OHN DEERE 410DBlCKHOE 'T04tODG793722 $ $ S S S s s s TOTlL AMOUNT OF INSURANCE $ 45.000 34,000 75.000 18,000 7.800 4.000 2.000 n.500 251,300 FORI 71-0125 (ED. 11/911 HOME OFFICE ISSUED 10/14/94 ~~."'{ ~" I " ,_ '" POLICY SCHEDULE OF NA.~S AND ADDRESSES V NUMSE COVEAAGE I PA VIDED IN '''QM POLICV 'ItIllOl) TO CL9 0037518 09/28/94 09/28/95' PA NATIONAL MUTUAL CAS INS CO THE FOLLOWING ARE INSUREDS ON THIS POLICY COMMERCIAL INLAND MARINE NAMES AND ADDRESSES PREMISES NO.: 1 BUILDING NO.: 1 ~OHN DEERE IND EQUIPMENT CORP PO BOX 85090 WEST DES IOINES IA 50285 LOSS PAYEE SEE 71-0187 10/91 FORM 71-0028 lED. 03/91) HOME OFFICE ~~ ", -' '" <, , _ ,T AGENCV SA 1 ISSUED 10/14/94 . PENN NATIONAL INSURANCE Pennsylvania Na.anal Mutual Casually Insurance Company Penn National SeeUlity Insu_. Company P.O. Bo. 2361 HarnsbulQ. PA 171llS-2361 THIS ENDORSEMENT CHANGES THE POLICY. PL.EASE READ IT CAREFULLY. Thl. .ndor..m.nt clllngl. th. policy .ff.ollv. on th. Inc.pllon d.tl 01 th. policy or a. of th. dltalndlclt.d b.low. a.9 0 03 f5 16 "26-911 9-26-95 IIIL II'OftS IXCAYAflllQ . . 'P~N.' . . . . . . . . ,,;.;~ . , . . . . . . . '~..' . 9-26-911 "'~''';.''''''O 1,.0 ..... .., II 'EH.~" 10-26-911 De ...............~..............,.. IUWY Ilfl ASIOC lJIC 0000159 ........... ... ';..;..,...,............ ........... ....................... A_......._ ThIs endorsement modifies such Insurance as is afforded by the provisions 01 the policy relating to the following: COMMERCfAL INLAND MARINE POLICY LOSS PAYABLE PROVISIONS SCHEDULE Loss Payee applicable: ~ A. Lender's Loss Payable _ B. Contract 01 sale Jail DIIJlJ IIIl IQUI1'tlII'f CORP PO IlQl 65090 ._~ ilia IIOlJU Xl )Uii:6:r-wlilll Loss Payee Address APPLICABLE TO THE FOLLOWING PROPERTY Description Location Manulaclurer I Amount 0' Type 01 01 property Serial' Insurance Coverage 1913 1011II 1lIIIII '1'OUOIlO1i3122 .6,,'00 lXlIftJlAC'fCIIS lI10D 1AClK0I IQUIfIIDI'1' For c:overed property In which both you and a Loss Payee shown In the schedule or in the Declarations have an Insurable Interest, we will adjust losses wnh you; and pay any claim lor loss or damage jointly to you and the Loss Payee, as Interest may appear. Fonn71.o187(Ed.l0.91) Page 1 012 ~~- ~ . ~ ., ,. r MIS this endorsement changes the Inland Marine coverage. II a coveraOI Is shown on the line below, this Indorsemlnt applllS only to that covlraOl. CL9 0 03 15 16 -l'WSI RWl THIS CAREFULIY- (T\IIlnforma1lon required below may be shown on a S8fl8Iate scl1l1diH or SUll\llemenlal Declarations.) DEDUCTIBLE The foUowing deductible amount will apply to each loss after aU other adjustments have been made. $ IM-47 MIS IM-47 (Ed. 4-88) 500 @ Capyrlohl 1986 I _~_"'1I1l_": 1 ' n~~ '" "' ~~,~,~ AAIS CL9 0 03 15 16 This Inland Marine coverage is sUbject to the terms shown below. The Inland Marine General Terms also apply. ..,P\.EAR READ nlls CARmlL1Y- IM.903 lEd. 2-85) MISCELLANEOUS PROPERTY COVERAGE (The Informatjon required below may be shown on a separate schedult or supplemental Declarations.) DESCRIBED PRDPERTY The cover~ro~~~~sts mainly of: CONTRACTORS MISCBLLANBOUS SMALL TOOLS The most that we will pay for all covered properly in the event of a loss is: DEDUCTIBLE The following deductible amount will apply to each loss after all other adjust- ments have been made. Covmae Amoont S a I OliO s 500 COINSURANCE You must maintain a minimum coverage amount. This minimum coverage amount is the full actual cash value 01 all covered property, It the coverage amount at the time of loss is less than the minimum coverage amount, we will pay only a part of a loss. Our part of the loss will be determined by dividing the coverage amount by the minimum coverage amount. This percent will be applied to the final ad. justed loss to determine the amount that we will pay. I PROPERTY COVERED We cover the described property thai belongs to you. We also cover similar property that belongs to others and for which you are liable. I PERILS COVERED We cover direct physical loss to covered property unless the loSS is caused by a peril thai is excluded. The loss must be due to an external cause , [PERILS EXCLUDED I w. do not pay for a loss tf one 01' mOl'e of the foUowing excluded perils apply to the loss, regardless of other causes or events that contribute to or aggravate the loss, whether such causes or events act to produce the loss before, at the same time as, or after the excluded peril. We do not pay for a loss that results from: 1. a dishonest or illegal act, alone or in collusion with another, by: a. you; b. others who have an interest in the property; c. others to whom you entrust the properly; or d. the employees or agents of a., b. or c" whether or nol they are at work. IM.QQ3 i",,,..a -' ~ . We do cover loss caused by dishonestacls by carriers or other bailees for hire, 2. swindling, fraud, trick or false pretense, 3, the acceptance of: a. counterfeit money or fraudulent post office or express money orders; or b. checks or promissory notes which are nol paid upon presentation. 4. mysterious disappearance. 5. any cause when the only proof thai a loss occurred is an inventory shortage. 6. breakage of glass or similar fragile Items. W. do cover breakage if It Is caused by fire; lightning; windstorm, hail; earthquake;lIood; smoke; explosion; aircraft, space. craft, self.propelled missiles or objects that !aU from these items; vehicles, including an accident to a transporting vehicle; strike; riot civil commotion; vandalism; t~ft; attempted thell; sprinkler leakage; or collapse of buildings. 7, a process to repair, adjust, service or maintain covered property, If a fire or explosion resufls, we do cover Ihe loss caused by the fire or explosion. S, mechanical breakdown or failure. If a fire or explosion re- sults, we do cover the loss caused by Ihe fire or explosion. @ Copyrlgbt1985 AAIS -1- ,,=- ", PENN NATIONAL" , INSURANCE THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREfULLY. Ptnns,tvonii Nationallolutual Calualty lnturanCI Company Pill" National Security 1""'''''1 Compen'j l!1lOIlenySVeel . llInisburg PA 111111 ~ P.O. 80x 2381 Zip '11~236' INLAND MARINE ,POLICY CHANGES POLlCY CHANG! NUM8EII 1 POUCY NUMBER POLICY CHANGES EFFECTIVE POLICY PERIOD a.9 0 03 75 16 NAME INSURED 9/26/94 9/26/94 TO 9/26/95 AUTHOIlIZED REPRESENTATIVE MEL ~!'S EXCAVATIKG MURlUT US ASSOC INC 000 0759 COVERAGE PARTS AFFECTED <XlITIACTOIS 1!Q(IIPlmIT . CHANGES '1'HE OOVERAGE AbNthS OK PORK 71-<l12S ARE IIEUllT AMENDED AS FOLLOWS: 1. FIOK $45,000 TO $40,000 2. ~ $34,ooo-TO $29,000 3. FIll>>( $75,000 TO $65,000 '1'RB TOTAL WlUIIT OF INSUlAJICE IS HElEIlY AMPRDED TO $231,:300 II UEU OF $251,300 , , ITEN 17 DESClImOlfS IS HERlmT AMIOO)lID TO READ: carrmrrs COIITAIm IN THE 1989W!LtS CAlCO TRAlLEl $179 IETIlRIf PREMIUM 11/10/94 LAS .' Authorized AepreaantaUve Slgnlture ~~" " ~_ I , .". v, _ _ .. PENN ~ _ INSURANCE ................CIIllIlIIr__.... .............. -.... ,......'.........,.,1".....' COMMERCIAL LINES POLICY COMMON DECLARATIDNS AIENDMENT OF POLICY EFFECTIVE: SEPT 28. 1994 NON-ASSESSABLE pOLICY NUMBER ..- ",,,.... ..."'" " COVERAOE IS PROVIDED IN AOENCY I BA CLlI 0037518 09/28/94 /09/28/95 PA NATIONAL MUTUAL CAS INS CO ~00075;1 HAMEl;) INSURED AND ADDRESS AOENCY BEL SPOTTS EXCAVATING IURRAY INS ASSOC INC IEL SPOTTS T/A POBOX 1728 PO BOX 32 LANCASTER PA 17808 EAST EARL PA 17519 It Is .greed thIt this policy Is hereby amended as Indicated below: THE NAMED INSURED AND/OR MAILING ADDRESS IS CHANGED' FOR ALL COVERAGE PARTS, THi FOLLOWING COVERAGE PART WAS AMENDED WITH A PREMIUI CHANGE: PREMIUM ~ ANNUAL PREMIUM: $5,838.00 TOTAL PREMIUM THIS ENDORSEMENT ADDITIONAL PREMIUM o 1 THIS ENDORSEMENT IS SUBJECT TO THE OECLARA TIONS. CONDITIONS ANO OnEIl TERMS OF THE POLICY WHICH ARE NOT INCONSISTENT HEREWITH AND WHEN COUNTERSIGNED BY AN AUTHORIZEC REPRESENTATIVE OF THE CO/of'ANY, FORMS A PART OF THE POLICY DESCRIBED HEREIN. PRO-RATA PERCENTAGE: 100.01 SIGNATURE OF AUTHORIZED REPRESENTATIVE .."""""...,... ",,,,eo,,, tr"J "'''''''''41\ IIrHl1: nl: J:,,.I: 'l:l:lI~n 02/03/95 ;'~~~ - ~ I~~ ,- ~ ~-""""""",,,," ,I ~ -"'~""'1'r~1I~ -I'r PENN NATIONAL , INSURANCE Plnnsy,,"... Natian81 Mutual CaIuIIty lnIuranco c...,ny """" NIllona1 Sacurity Ins....... CanlpMy 19110 OIIrrv $v. . .....isIlOr1I PA 17104 MIll: P,O.Ilol2361 Zip 1711JS.2361 , , . THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. . INLAND MARINE POLICY CHANGES 2/22/95 .. POUCY NUMBER CL9 0 03 75 16 NAME INSURED HZL SfOuS DCA'A.'l'llfG, MEL Sro..:..5 'l'/A. PO BOX 32 lAST BAlL PA. 17S19 COVERAGE PAR'S AFFECTED POLICY CHANGES EFFECTIVE 9/16/94 CHANGES POLICY CHANGE NUMBEII 2 POLICY PERIOD 9/26/94 1'0 9/26/95 AUTHORIZED FlEPflESENT A TIVE HIlDA! I.S ASSOC tile 000 0759 FOlK 70-2589 10/.9, TOOLS '-amrb41'OI.Y DDT, IS IlDEIY ADDED AlID A'rT.lt!ll1m '10 'nil POLlCY. 10 CII.\KZ 1. IUKt1M. ~I Authorlz.d Rtpreaentativ. Slgneture 'I". PENN NATIONAL 1 fI INSURANCE ,.".,,"'.. NI'MNI_ c..ol~ Inau,_ ~"I PO,Ba'2381_V,PA,171Q5.2:1ll1 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. This Indo,.lment _angel the policy II'fIctIVI on thl InClpllon dati of thl policy Dr II of thl dill IndlclltIcI bllow. CL9 0 03 7S 16 9/26/94 9/26/95 . . . ',,;.,.., io.;";'; . . . . . . ,,";.,;..e . . . , . . . . ......;,..;,. . . . . . .f~ . . . .. . .. . . . . . . . , . . . . ~(~~(~~ ,~."' MOo Iff_WI MltL SPOTTS UCAVATIIC. MEL SPOTTS . . . T11" . . . . . . . . iUU.. to . , . . . . . . . . . . . . . HDIlAT tiS ASSOC tHe 000 0759 . . . . . . . . . . . . . . . . ...~. . . . . . . . . . . . . . . . . . . . . . . . . . . oAUtho,i.;dA.p,;';n.' . . . . . . . . . . . Thia Indoraement modifle. auch Inaurance aa la afforded bV, the provialon. of the policy relating to the following: COMMERCIAL'INLAND MARINE POLICY TOOLS AMENDATORY ENDORSEMENT Coverage i. amended 81 followa: PROPERTY COVERED We covered your pOl'\able tools and equipment valued lesa than $ 1.000 per Item Or 181. Thla Includes their contalnera, spare parta, and accessories. We also cover similar property that belongs to other. and for which you are liable. Form 70-2589 lEd. 1ll1ll!ll :':.~ "- 1 -" '\ " , . ,-, ~ ~-',", . PENN NAllONAL INSURANCE COMMERCIAL LIM!S POLICY COMMON DECLARATIONS RENEWAL OF CL9 0037518 -- -Cooaly-......, ..._-,-...... p,C. ...t ........'A 1nc1 '. NON-ASSESSABLE POLICY NUMBER ........ ~lICy nltlOO -- COVERAGE IS PROVIDED IN AGENCY BR CLe 0037518 09/28/95 109/28/98 PA NATIONAL MUTUAL CAS INS CO 0000759 31 NAMED INSURED AND ADDAl!SS AGENCY MEL SPOTTS EXCAVATING MURRAY INS ASSOC INC IEL SPOTTS T/A POBOX 1728 PO BOX 32 LANCASTER PA 17808 EAST EARL PA 17519 . POLICY PERIOD: POLICY COVERS FROM: 12:01 AM STANDARD TIME AT THE ADDRESS Of THE INSURED STATED ABOVE. FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF TI-E PREMIUM. AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMEN~ PREMIUM COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART $ 485.00 $ $ 3,3B8.00 2,378.00 $ s s s $ INSTALLMENT SERVICE FEE S 18.00 FORMS APPLICABLE TO ALL COVERAGE PARTS: IL0017 11/85 lL0248 08/89 710477 1L0910 05/93 01/81 710578 05/94 1L0172 11/93 ~,~ I ,.~~:c TMC IIC caal J.I."!.q,. T 2 2 77 1794 N 997 COUNTERSIGNED BY; Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORMISl AND FORMS. IF Am, ISSUED TO FORM A PART THEREOF. COMPLETE THE ABOVE NUMBERED POLICY. '-~~""'''''- ~ ,- ~. ~ , , ,- -"""......._,...............~..-" POLICY SCHEDULE OF NAMES AND ADDRESSES POLICY NUMBER '.OM 'OLICV '..100 TO COVERAGE IS PROVIOED IN AGENCY BR ClI 0031518 09/28/95 09/28/98 PA NATIONAL MUTUAL CAS INS CO 000015 1 , " THE FOLLOWING ARE INSUREDS ON THIS POLICY COMMERCIAL lINES POLICY COMMON NAMES AND ADDRESSES NEl SPOTTS T/A MEl SPOTTS EXCAVATING I/OR MEl SPOTTS I BETTE SPOTTS, ATIMA CONTINUED NAMED INSURED ~nall 'ri _ntl". I;:" "~/tt., , 1....- ___..__ tj!f~.,-~ .,..- ,,' - \II PeNN NAnONAL . INSURANCE ___c.o"_,,,,- "",,-_'-eo..or., P,O......,._P.mor COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS RENEWAL OF CL9 0037518 NON- ASSESSAlILE POLICY NUMBER ... 'OliC., ,ellllIOO .. COVERAGE IS PROVIDED IN AGENCY BA CLI 0037518 08/28/95 101/28/18 PA NATIONAL IUTUAL CAS INS CO ~OOO759 ~1 NAMED INSURED AND ADDRESS AOINCY IEL SPOTT~ EXCAVATING MURRAY INS ASSOC SHC MEL SPOTTS T/A POBOX 1728 PO BOX 32 LANCASTER PA 17808 EAST EARL PA 175111 POLICY PEAIOe: POLICY COVERS FROM: 1 2:01A.M. ST ANDARO TIME AT THE .oORESS OF THE INSUREO STATED ABOve. ~ORM OF BUSINESS: INDIVIDUAL BUSINESS oeSCRIPTION: RESIDENTIAL EXCAVATING IN RElURN FOR PAYMENT OF THE PREMIUM, ANO SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. DESCRIPTION OF PREMISES AND COVERAGES PROVIDED INSURANCE AT THE DESCRIBED PREMISES APPLIEB ONLY FOR THE COVERAGES SHOWN: PREMISES NO. 1 : 1298 MARTIN ST DEDUCTIBLE: $250 EAST EARL LANCASTER CO PA 17511 BUILDING NO.: 1 PROTECTION CLASS: 09 CONSTRUCTION: FRAME OCCUPANCY: OFFICES. OTHER THAN GOVERNMENTAL COVERAGE: YOUR BUSINESS PERSONAL LIMIT OF INSURANCE: $2.200 REPLACEMENT COST PROPERTY COINSURANCE: 80S COVERED CAUSE OF LOSS: SPECIAL FORM SEE SUPPLEMENTAL DECLARATIONS, FORM 71-00275 I~II;" FORMS APPLICABLE TO 'THIS COVERAGE PART: CPOO90 07/88 CP1030 10/91 CP001D 10/91 710218 10/93 ~I~ ~~~t~ 'Me SIC C:ODt! fo".o,;. 2 2 77 1794 N 997 COUNTERSIGNED BY: Authorized Representative 'THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS. COVERAGE PART COVERAGE FORM(SI, AND FORMS. IF ANY, ISSUED TO FORM A PART THEREOF. COMPLETE THE ABOVE NUMBERED POLICY. ~...._.. -- ---- .-. -_._.. :;-""..-.,,,"~""~_ ~~_"~~O" ,__" - "~ COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL DECLARATIONS POLICY NUMBER ,,.0.. IIO\Iev '('11100 TO COVERAGE IS PROVIDED IN AGENCY SR CL9 0037518 09/28/9Sll0B/28/B8 PA NATIONAL MUTUAL CAS INS CO pooons 31 DESCRIPTION OF PREMISES AND COVERAGES. PROVIDED INSURANCE AT THE DESCRIBED PREMISES APPLIES ONLY FOil THE COVERAGES SHOWN: PREMnES NO. 2 : 125~ E EARL RD DEDUCTIBLE: $250 EAST EARL LANCASTER CO PA 17519 BUILDING NO.: 1 PROTECTION CLASS: 09 CONSTRUCTION: ~OISTED IASONRY OCCUPANCY: CONTRACTORS EXCAVATION EQUIPMENT STORAGE COVERAGE: BUILDING LIIIT OF INSURANCE: $7,500 REPLACEMENT COST COINSURANCE: 80S COVERED CAUSE OF LOSS: SPECIAL FORM BUILDING NO.: 2 PROTECTION CLASS: 09 CONSTRUCTION: ~OISTED MASONRY OCCUPANCY: OFFICES, OTHER THAN GOVERNMENTAL COVERAGE: BUILDING LIIIT OF INSURANCE: $118.500 REPLACEMENT COST COINSURANCE: 80S COVERED CAUSE OF LOSS: SPECIAL FORM BUILDING NO.: 3 PROTECTION CLASS: 09 CONSTRUCTION: FRAME OCCUPANCY: CONTRACTORS EXCAVATION EQUIPMENT STORAGE COVERAGE: BUILDING LIMIT OF INSURANCE: $5.000 REPLACEMENT COST COINSURANCE: 80S COVERED CAUSE OF LOSS: S~ECIAL FORM FORM 71-00275 (Ed 031~1\ .,_...... ....----... ,..", " POLICY SCHEDULE OF NAMES AND ADDRESSES P LI Y NUMBER '..OM lllio~rCY fllftlCD TO A ENe., BA PA NATIONAL IUTUAL CAS INS CO 000075 CL9 0037518 09/2B/95 09/2B/9B THE FOLLOWING ARE INSUREDS ON THIS POLICy COMMERCIAL PROPERTY NAMES AND ADDRESSES PRElISES NO.: 2 BLUE BALL NATIONAL BANK PO BOX 580 BLUE BALL PA 1750B MORTGAGEE ALL BUILDINGS P"""'I.I .,.. AA"',.. I~.. ...... ......, l"'_<mlm~f - ~""",,"' " I" - " ,-,- ~_. - '" PENN NATIONAL COMMERCIAL . . INSURANce GENERAL LIABILITY COVERAGE PART OCCURRENCE POLICY RENEWAL OF CL9 0037518 DECLARATIONS ~NIIIDMI.....c.a"INllIWDtCGll\Mnf' ----- 1'.0.".""""""'" NON-ASSESSABLE THIS POLICY IS SUBJECT TO A GENERAL AGGREGATE LIMIT POLICY NUMBER n,'IIo1 '0l1C"t 'IIIIIOD '" COVERAGE IS PROVIDED IN AGENCY I BR CLlI 0037518 09/28/95 109/28/98 PA NATIONAL MUTUAL CAS INS CO 000075; 1 NAMED INSURED AND ADOlIESS AGENCY IEL SPOTTS EXCAVATING MURRAY INS ASSOC INC IEL SPOTTS T/A POBOX 1728 PO BOX 32 LANCASTER PA 1 '1608 EAST EARL PA 17519 POLICY PERIOD: POLICY COVERS FROM: 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED STATED ABOVE. FORM OF IIUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: RESIDENTIAL EXCAVATING IN RETURN FOR PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY, LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT IOTHER THAN PRODUCTS - COMPLETED OPERA TIONSl PRODUCTS - COWPLETEO OPERATIONS AGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT FIRE DAMAGE LIMIT, ANY ONE FIRE MEDICAL EXPENSE LIMIT, ANY ONE PERSON . s s s s S $ 1,000,000 1,000,000 500,000 500,000 50,000 5.000 PREMIUM INFORMATION CODE PREMIUM BASIS PER RATES ADVANCE PREMIUM PREMS/OPS PRODUCTS PREMS/OPS PRODUCTS SEE SUPPLEMENTAL DECLARATIONS, FORM 71-0029S FORMS APPLICABLE TO THIS COVERAGE PART: CG2503 11/85 CG2504 11/85 IL0021 11/85 Ca0001 11/88 CG2150 09/e9 C021 ,48 11/88 . .... ~!~ ,.~l~:. '..e SIC COOl! 10........ ,.UIIIN.~ 2 2 11 1794 N 997 COUNTERSIGNED BY: Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS. COVERAGE PART COVERAGE FORM(S), AND FORMS, IF ANY, ISSUED TO FORM A PART THEREOF. COMPLETE THE ABOVE NUMBERED POLICY. II"'..... _.......... _._..... ... I~", I",.: i'-~'%~'=-""'"_"~ ~ ,- ~ . ., ~I -- '.1 ~ -"" COMMERC IAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DE CLARA TI ONS POLICY NUMBER pROM ~OLICY PE"IOO TO COVERAGE IS PROVIDED IN AGENCY BR CL9 0037518 09/28/9S-r09/28/98 PA NATIONAL MUTUAL CAS INS CO ~00075& 31 PREllSES NO. 1 . 1298 MART IN ST . EAST EARL LANCASTER CO PA 17519 RATES ADVANCE PREMIUM CODe PRElIUM BASIS PER PREMS/DPS PRODUCTS PRElS/DPS PRODUCTS 94007 18,000 PAYROLL 1000 VARIOUS VARIOUS INCLUDED INCLUDED EXCAVATION RATES ADVANCE PREIIIUII CODE PREMIUM BASIS PER PREIISlops PRODUCTS PREMS/OPS PRODUCTS 95410 18,000 PAYROLL 1000 VARIOUS VARIOUS INCLUDED INCLUDED GRADING OF LAND PREMISES NO. 2 : 1254 E EARL RD EAST EARL LANCASTER CO PA 17519 CODE 81212 PREIIUI BASIS PER 4,838 SQUARE FEET 1000 RATES PREIISIOPS PRODUCTS VARIOUS ADVANCE PREIIUM PREIISIOPS PRODUCTS INCLUDED BUILDING OR PREIISES - BANK OR OFFICE - MERCANTILE OR MANUFACTURING lLESSORS RISK ONLY) OTHER THAN NOT - FOR - PROFIT INCLUDING PRODUCTS-COMPLETED OPERATIONS FnDU ~l_nn~QC I~n n~/n., II""'" ...~.......... ........4__ ....._,_.. :~~~.,.."-,--. \It PeNN NAllONAL . INSURANCE --...........,-..."" PtIItNlllol'lll Sec:wily'1.......eom..,. P'O...., . ....,....,... mal COMMERCIAL INLAND IARINE COVERAGE PART DECLARATIONS RENEWAL OF CL9 0037518 NON-ASSESSABLE POLICY NUMBER .oj 'OLlC't' 11I'''01) ~ COVERAGE IS PROVIDED IN AGENCY BR CL8 0037618 09/28/95 109/28/88 PA NATIONAL IUTUAL CAS INS CO 10000758 31 NAMED INSURED AND ADDRESS AGENCY IEL SPOTTS ElCAYATKNG IURRAY INS ASSOC INC IEL SPOTTS T/A P 0 80l 1728 PO 80l 3Z LANCASTER PA 17808 EUT URL PA 17518 POLICY PERIOD: POLICY COVERS FROM: 12:01....M. STANDARD TIME AT THE ADORESS OF THE INSUREC STATeD ABOVE FORM Of' BUSINESS: 1 N D IV 1 DU A L BUSINESS DESCRIPTION< RE 51 D EN T lA L ElCA VA Tl NG IN RETURN FOR PAYMENT OF THE PREMIUM, ANO SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMEN~ CONTR~CTOR'S EQUIPIENT LEASED PROPERTY ALL COVERAGE PARTS NOT OTHERWISE SPECIFIED PREMIUM 8 1,928.00 8 100.00 s 350.00 8 s S 8 S FORMS APPLICABLE TO ALL COVERAGE PARTS: Ul903 02/85 11I47 04/88 11258 01/87 702589 10/89 710371 08/92 710082 01/92 710187 10/91 11I81013 10/85 Ul81014 10/85 70188 11/83 11100 08/84 IM42 07/88 Ul83 07/88 ~i~ ,.'I~:1t "'c SIC COOl! ~~ 2 2 77 1794 N 997 COUNTERSIGNED BY: Authorized Representative THESE DE(;LARATIONS TOGETHER WITH THE COMMON POLlCY CONDITIONS, COVERAGE PART COVERAGE FORM(Sl. AND FORMS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. ;-"{,.,~ - I '..........",."...m"1 _. ..,-~ ~nu" n""I"1" 1<:<:111"1\ In/IA/Q" COMMERCIAL INLAND MARINE DECLARATIONS - CONTRACTOR'S EQUIPMENT ! POLICY NUMBER '''Ohl f10LICV ""IOD TO COVERAGE IS PROVIDED IN AGENCY BR CL9 0037518 09/28/95 I 09/28/98 PA NATIONAL MUTUAL CAS INS CO ~00075S 1 , EACH ITEI THAT IS COVERED lUST BE DESCRIBED BELOW OR ON A SCHEDULE THAT IS A PART OF THIS POLICY. A COVERAGE AMOUNT lUST BE SHOWN FOR EACH ITEI. THIS IS THE lOST THAT WE WILL PAY FOR A LOSS TO THAT ITEM. DEDUCTIBLE: '500 THE ABOVE DEDUCTIBLE AMOUNT WILL APPLY SEPARATELY TO EACH ITEM INVOLVED IN EACH LOSS AFTER ALL OTHER AD~USTIENTS HAVE BEEN lADE. ITEM DESCRIPTION OF EQUIPMENT COVERAGE UDUNT 1 1988 ~OHN DEERE EXCAVATOR S 38,000 2 1989 CAT D3C BULLDOZER S 25,000 3 1988 CAT 953 LOADER . 85,000 4 1989 BOMAG 142D ROLLER COMPACTOR S 18,000 5 1989 ~OHN DEERE loL 855 LANDSCAPE S 7,800 - 'TRACTOR W/89 YORK RAKE a 79 LOADER 8 STANLEY COMPACTOR (ATTACHMENT) 7 CONTENTS CONTAINED IN THE 1989 WELLS 'CARGO TRAl LER S $ 4,000 1,200 8 1993 ~oHN DEERE 410D BACKHOE ,T0410DG793722 $ 55,000 TOTAL AMOUNT OF INSURANCE s 214,000 ~lW!~lf!i!!I:lt;';;':;lb. .. ....... -.. ""..,..... ,.... .. .. ~ "" .. , '~'~114\<'._ ,~_~ "...'" --...-- ......to..... ""'4""""~ " . POLICY SCHEDULE OF NAMES AND ADORESSES P LI Y NLt.18ER FROM lIoun '.RIOO TO COVERAGE IS PROVIDED IN PA NATIONAL MUTUAL CAS INS CO CL9 003751. 09/28/95 09/28/98 THE FOLLOWING ARE INSUREDS ON THIS POLICY COMMERCIAL INLAND MARINE NAMES AND ADDRESSES PREMlSES NO.: 1 BUILDING NO.~ 1 ~OHN DEERE IND EQUIPMENT CORP PO BOX 85090 WEST DES MOINES lA 50285 LOSS PAYEE SEE 71-0181 10/91 FnRM 71-00~B (FD. O~/A11 '~^T -J HnllF nFFlr.F AOEN Y BR l!\lWFD 10/18/95 . -, ," PeNN NATIONAl.. INSURANCE PemsylwnillUlillMllAUIUII c-l\y Inanra ~ PIll1 Nltiallal SecuriIy NnncI Company p,O Box 2361 Hlnlslug. PA l71~23St THIS eNDORSEMENT CHANGES THE POLICY. PLEAse READ IT CAREFULLY. This endor..rnent clIanll" the policy effective on the Inception date of the policy or.. of the d.. indicated below. . . ~49. SJ. Q3. 1~ .1.6. . . . ~7~6.-~5 '; . . . .3-?~-96. . . ~..._ 1- Ioomt , 9-26-95 ............................ 'f'... ~..,._._...... ..... . ~~ Si'ms. iX,C,lY4WO. . . . . . . . . . . . . . . . , -.. 1'l!JlW.~. :t~S. "$~OP. :tl(C. . . . . QQO. ll159. . . . . . . ""'" .................. I.. t............ ....... ~ '1lII This endorsement modifies such Insurance as is afforded by the provisions of the policy relating to the followl~: COMMERCIAL iNLAND MARINE POLICY LOSS PAYABLE PROVISIONS SCHEDULE Loss Payee applicable: -L A. Lende(s Loss Payable _ 8. Contract of sale JOlIN DEERE INn EQUIPMENT COPl' 1:'0 cOX b5UI/U WEST DES MOINES IA ;026;-0090 Loss Payee Address, APPLICABLE TO THE FOLLOWING PROPERTY Description Location Manufacturer I Amount of Type of of property Serial II Insurance Cov.,age 1993 JOHN DiERE T0410DG793722 $55.000 CONTRACTORS 410D BACKHOE EQUIPMENT For covered property In which both you and a Loss Payee shown in the schedule or In the Declarations have an insurable interllst. we wiD adjust losses with you; and pay any claim for loss or damage jointly to you and the Loss Payee. as interest may appear. ' Fe"" 7t.Q187 (lOcI. 1Cl'll1) Page t Q/ 2 ';<'i,~__ "n" .~ -"1-' " _~7 MIS a,g 0 03 15 16 this endorsement changes the Inland Marine coverage. " a coverage Is shown on the line below, this endorsement applies only to that coverage. IM...7 (Ed. ...&) -PLEASE READ nlls CAREFULLY- (Thelnlannl1lcn rllqull1ld below mav be shown on a separale sehlldute or slJllplemenlll Declarations.) DEDUCTIBLE The following deductible amount will apply to each loss alter all other adjustments have been made. S 500 IM-47 MIS @ CDPvrlghl 1986 .. ..- -. .----TlI --'--mn; . T ;-~---r ITTl ,,,,,,,,,!,,,,_~,.,_ _e. " , , IM.9OS (Ed. 2-851 This Inland Marine coverage is subject to the terms shown below. The Inland Marine General Terms also apply. ,-PlEASE READ TIllS CAllEfULLY- MISCELLANEOUS PROPERTY COVERAGE (The InformatiOn requlre1l below may be shown on a separate Sthllllule or supplemental Declarations.) M(! a.t 0 03 1S l' DESCRIBED PROPERTY The covered property consists mainly of: ~~~ .t-"~ _II' "'00'" .... ~T" I COVlfllle Amount $ lP.9Ot The most that we Will pay for all covered property in ttle event of a loss is: o EDUCTIBLE The following deductible amount will apply to each loss after all other adjust. ments have been made. $ 500 COINSURANCE You must maintain a minimum coverage amount. This minimum coverage amount Is the full actual cash value of all covered property. If tile coverage amount at tile time of loss is less than the minimum coverage amount, we will pay only a part of a loss. (Iur pllrt of the loss will be determined by dividing the coverage amount by the minimum coverage amount. This percimt willlJe applied to the final ad- justed loss to determine the amount that we will pay. I PROPERTY COVERED We cover the described property that belongS to you. We also cover similar property that belongs 10 others and for which you are liable. I PERILS COVERED We cover direct physical loss to covered property unless the loss is caused by a peril that is excluded. The loss must be due to an external cause. I PERILS EXCLUDED w. do not pay for a loss if one or more of the following excluded perils apply to the loss, regardless of other causes or events that contribute to or aggravate the loss, whether such causes or events act to produce the loss before. at the same time as, or after the excluded peril. W. do not pay tor a loss that results from: 1. a dishonest or illegal act, alone or in collusion with another, by: . a. you: b. others who have an interest in the property; c. others to whom you entrust the property; or d. the employees or agents of a., b. or c.. whether or not they are at work. IM.903 We do cover loss caused by dishonest acts by carriers or Ilther bailees lor hire. 2. swindling, fraud, trick or false pretense. 3. the acceptance of: a. counterfeit money or fraudulent post office or express money orders: or. b. checks or promissory notes which are not paid upon presentation. 4. mysterious disappearance. 5. any cause when the only proof that a loss occurred is an inventory shortage. 6. breakage of glass or similar fragile items. We do cover breakage il it is caused by fire; lightning; windstorm, hail; earthquake; flood; smoke; explosion; aircraft, space- craft, self-propelled missiles or objects that fall from these item!!; vehicles, including an accident to a transporting vehicle; strike; riot; civil commotion; vandalism: theft; attempted theft; sprinkler leakage; orcollapse of buildings. 7. a process to repair , adjust, service or maintain covered property. If a fire or explosion results. we do cover the loss caused by the fire or explosion. 8. mechanical breakdown or failure. If a fire or explosion re- sults, we do cover the loss caused by the fire or explosion. @ CoPYli~ht 1985 MIS -1- "'t PENN NATIONAL INSURANCE ~O. BIlX 2361 Harrisburg. PA 17105-2361 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Th.. IndorNment chlllllla till polIay eirlCtlVI on thl Inception lleteof till policy or II at till dIU Indica'*' bIlow. . . . ctI4'. ,. Ql 75 .l6. , . . . .':-26~, . . , .9.-H~ NMIcy Ny'" IfflCClWl IIlCplrlnt . . . . . . . . . . . . . . . , . . . .t~a6'lt5. . . . , , . . . _.... c_ ..... .UOI"l" ,aCA'mPI. . ... .UOI'fIlf/A' IIVIIAI IU AIIClC DC 000 0'" . . , . . . . . . . . . . . . 'Ail;" . . . . . . . . . . . . . . . . , . . . . . . . . . '"o~..d~"~' . . . . . . . . . . . Thla endorsement modlfi.. IUch Inauranee &I Is afforded by tile provlsiona of the policy relating to the fOllowing: COMMERCIAL INLAND MARINE POLICY TOOLS AMENDATORY ENDORSEMENT Coverage Is amended as follows: PROPERlY COVERED We covered your portable tools and equipment valued less than $ 1.000 per Item or 88t. Thl, includes their containers, spare perts, end accessories. We also cover similer property that belongs to others and for which you are liable. Form 7Go25aS lEd. 101891 ,~",,~~,.,'"' "I ~ , I GJ"," 1.',','-.11' '"if'; G" 'l'/"II ."rr . J Defendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORCHARD HILLS ASSOCIATES and POCONO VILLAGE ASSOCIATES, Plaintiffs \'.'..,\,::; -:' , .vs., ,,' MEL SPOTTS, NO. 97-4977 CIVIL TERM JURY TRIAL DEMANDED COMPLAINT AND NOW come the above-named Plaintiffs, by their attorney, Samuel L. Andes, and make the following Complaint in this matter: 1. The Plaintiff, Orchard Hills Associates, is a general Pennsylvania partnership consisting of Robert E. Goodling of Carlisle, Pennsylvania, James T. Gibson, of Mechanicsburg, Pennsylvania and Peifer & Gross, Inc., a Pennsylvania business corporation of Elizabethtown, Pennsylvania. Orchard Hills Associates is referred to hereinafter as "Orchard Hills." 2. The Plaintiff, Pocono Village Associates, is a Pennsylvania general partnership consisting of Peifer & Gross, Inc., a Pennsylvania business corporation of Elizabethtown, Pennsylvania, AM Quality Builders, Inc., a Pennsylvania business corporation of Mechanicsburg, Pennsylvania, and PVOHA, Inc., a Pennsylvania business corporation of ' Carlisle, Pennsylvania. Pocono Village Associates will be referred to hereinafter as - "Pocono." .,' .' 1'" ., , ' ,-, ."""",",~ I , , , I 170 ~K~ 1/fJ'::;, ~Mr , 1 I I I , " i Ii Ii I' I " I, ! I; I " /,i i' i, , i I I: 1 I' I. 3. The Defendant, Mel Spotts, is an adult individual who, to the best of Plaintiffs' knowledge, resides or maintains an office at 45 Martin Street in East Earl, Pennsylvania. 4. In 1994 Orchard Hills owned a Mobile Home Park situate in Pocono Town~hip, .,':. Monroe County, Pennsylvania, which Mobile Home Park was known variously as "Pocono Village Court" or "Pocono Village Mobile Home Park" and which was improved with facilities for 32 mobile homes, which facilities were leased to tenants and which facilities included a septic system to lawfully dispose of sewer and other wastes on the property. 5. In 1994 and at all other times relevant to this action, Defendant was engaged in the business of excavation and plumbing work and held himself out to Orchard Hills and its representatives, and to various other members of the public, as an expert in such work. 6. During the summer and fall of 1994, Orchard Hills engaged Defendant Spotts to do certain work on the Pocono Village Mobile ~ome Park. During the process of that engagement, representatives of Orchard Hills and Spotts took the following actions: a. Spotts visited the Pocono Village Mobile Home Park to inspect the problem; and b. Spotts determined what work was necessary to correct the problem and make the improvements which Orchard Hills requested; and c. Spotts met with representatives of Orchard Hills at offices they maintained at that time at 4740 Delbrook Road in Mechanicsburg, Pennsylvania, to discuss the work he proposed to do, to explain to Orchard . '.. I " '::~1 - I~ " " ',I' ,.~~~>-t'.._, ') , Id,,,,'! ,j" 'i'~! "':i' G"'" ,-,...111, , I\.;;~ Hills' representatives how that work would correct the problems at Pocono ','-\.," I I I i 7. At various meetings held at Orchard Hills' office in Mechanicsburg, Orchard Hills Village Mobile Home Park, and to propose payment terms for the work he was to do. engaged Spotts to do work on the septic and sewer system at the Pocono Village Mobile Home Park. The terms of the engagement were that Spotts would do the work he had verbally described to the representatives of Orchard Hills in a good and workmanlike manner, in exchange for which Orchard Hills would pay Spotts his normal and customary charges, on a time and material basis, for such work. Although no formal written agreement was prepared between the parties, Brian Gross, one of the principals in Peifer & Gross, Inc. who represented Orchard Hills at the meetings with Spotts, prepared a Memorandum outlining the nature of the work to be done and said Memorandum was signed by representatives of Orchard Hills and by Spotts. A copy of that Memf>randum is attached hereto and marked as Exhibit A. 8. Thereafter, Spotts did various work on the plumbing and septic systems at the Pocono Village Mobile Home Park, between August of 1994 and the early part of 1995. Spotts performed his work on the Pocono Village Mobile Home Park in a negligent, careless, and reckless fashion. Specifically: a. Spotts and his workers cut off a gravity feed pipe or line which connected eleven (11) mobile homes to a "dosing tank" without re-connecting . - I ." ",' I , , ~ --... -il~~.T~' l' (J".' .:' ",' l~ 1~...1" G'..' ',\\.,'\ 'i"") that line to any other part of the septic system. As a result of this action, the sewage which emanated from those eleven (11) mobile homes was not ,,' , . 'depo~if!3c1,i~t6 the septic system for the mobile home park and was simply ,':," "'::',' ''':'':,-',,\:{,;,;':':,\::',.'i,:::,,',,~:')''::'' ,. . ,,', dumped into the ground. b. Spotts and his workers re-filled the hole which they had excavated to cut off the gravity feed pipe described in sub paragraph a and refilled that hole without correcting the problem created by their mistake and thus concealed the problem from Orchard Hills. c. Spotts failed to advise Orchard Hills or it representatives of the wrongful action he or his employees had taken in cutting off the gravity feed pipe. @l As a direct result of the negligence, carelessness, and recklessness of Spotts, the sewer system at the Pocono Village Mobile Home Park was rendered ineff~ctive, incomplete, illegal, and dangerous. The acts of Spotts by cutting off.the gravity feed pipe and causing the untreated waste from eleven (11) mobile homes to simply pass into the ground violated federal and state environmental laws and the ordinances of Pocono Township in Monroe County and exposed the owners and representatives of Orchard Hills to criminal and civil penalties and sanctions for such violations. 10. Because Spotts refilled the excavation in which Spotts did the defective wot\<. " and failed to report and disclose to Orchard Hills and its representatives the defective 'z",.'J.i " \ j In", ~J!" GiI":' ni,'{-" '.i'/ work he had done, Orchard Hills was unaware of the problem and the violation of law which that problem created. , " "",', ':"':",', ' i ",' :";,r~','U~'~~?7 Or1~~~:: still unaware of the problem caused by Spotts'def~ctive ~ork'l Orch~rd Hiil~ sold the Pocono Hills Mobile Home Park to a third party purchaser for I , $645,000.00. 12, In late 1996, the third party purchaser complained to Orchard Hills about problems he was experiencing with the plumbing and sewer system at the Pocono Village Mobile Home Park. During the investigation of those problems, by the third party i purchaser and his representatives and by Orchard Hills and its repre~entatives, the gravity I I feed pipe which Spotts had improperly cut and disconnected was uncovered and I I discovered. Upon discovery of the problem, the third party purchaser rescinded his I purchase of the Pocono Vlllage Mobile Home Park, 1hrealened sun against Orchard Hili. I and its representatives, and demanded a refund of all monies paid by hi~ for toe purchase I of the Pocono Village Mobile Home Park and all expenses incurred by him in the attempts I to solve and remedy the problem caused by Spotts' defective work. 13. Following several months of negotiations with the third party purchaser, and several months of further investigation into the problem caused by Spotts' defective work, the principals of Orchard Hills formed a new partnership, Pocono Village, to re-purchas.e the Pocono Village Mobile Home Park from the third party purchaser and negotiated a.,' .' settlement agreement, on behalf of Orchard Hills and Pocono Village, with the third party >'~~~ll_~ , \ I i l #'), ~~U; G"" Wi;p" "l,'i' purchaser to pay and reimburse the third party purchaser his losses and expenses incurred as a result of the problem at Pocono Village Mobile Home Park with the plumbing I " ",~6~~~~~psy~t~m.'~sr)art of that agreement and settlement, Orchard Hills and Pocono I , ;.\~::i::;t~:~,<';~~:~Ji~,::~?,I:/' ;,:;":;:~;.lt::,::,,;:~,:,:,~};:;(;.;,[S;,::',:,~,: . :;', ~,:,:,:,' ~",:::>~'''''','~:',_.' ',." ::::','_ ': '::::, " ' :.:. ,:",1 :,1, : .;':.:' \' viii'age inciurredthe following expenses and had to pay the following items: a. Reimbursement of the third party purchaser's out of pocket expenses for plumbing repairs incurred in an attempt to correct the problem $3,185.00 b. Reimbursement of the third party purchaser's engineering fees incurred in an attempt to solve the problem $2,853.00 c. Reimbursement of the third party purchaser's attorney's fees ~15.151.00 $21,189."00 Total All of these expenses were paid by Orchard Hills and Pocono Village as a direct result of the negligent, reckless, and careless actions of Spotts as described herein above. 14. In addition to the above reimbursements and expenses, Pocono Village and Orchard Hills incurred other expenses of their own as a result of the negligence, carelessness, and recklessness of Spotts. Those expenses and losses are: a. Settlement costs at Orchard Hills' original sale to the third party purchaser, which sale was later reversed b. Fees paid to All State Septic Systems to pump $16,675.00.,. ." s~-<.,..""""""'_ ~, ~I ,-_.~--- \ i E' ,'It'. ;u.~' G"'i ".~, :, '~1' sewerage from the Pocono Village Mobile Home Park and to make certain repairs to the system to correct the problem caused by Spotts' improper actions c. Engineering and related professional fees and $14,692.00 expenses to identify and correct the problem caused by Spotts' Improper work d. Attorney's fees $11,864.00 j7.736.00 $50,967.00 Total All of these expenses and losses were caused to the Plaintiffs as a direct result of the negligence, carelessness, and recklessness of Spotts. 15. In addition to the damages and losses described in the foregoing two paragraphs, the Plaintiffs incurred other expenses and losses, including the following: a. The interruption of the activities and business effort of its owner., employees, and representatives to address and resolve the problem caused by Spotts' defective work. b. Public scorn, approbation and humiliation resulting from their owning and operating a mobile home park with a defective and illegal septic and plumbing system. c. The loss of the bargain they enjoyed from the sale" of the mobile . ..~f. " home park to the third party purchaser, which sale had to be set aside and ;::'lJ"lIi\l'f-"""""~,'!; I' -~< '-[' ,n ~-~ .) .~ ) ~" .~V reversed upon the discovery of the conditions and problems caused by Spotts' defective and improper work. The above damages are not liquidated. Plaintiffs believe that they have suffered damages, as a result of these items, in a sum in excess of $25,000.00. 16. All of the damages listed above are a direct result of the negligence, carelessness, and recklessness of the Defendant. All of these damages have been suffered by one or both of the Plaintiffs. The Defendant, by his conduct, has injured , I I WHEREFORE, Plaintiffs demand judgment against the Defendant, Mel Spotts, in an i , I I amount in excess of $25,000.00, plus interest from and after 1 December 1995, plus costs I I of suit. I I I , I Plaintiffs in an amount substantially in excess of $25,000.00. \.) r>J:)) c-~'-r---.~~--~ Samuel L. Andes Attorney for Plaintiffs Supreme Court ID # 17225 525 N. 12th Street Lemoyne, Pa 17043 (717) 761-5361 -'It' , ." ;'""~-"",-~,-,.,,....~._,. ~-~ - ,...., ~. . -- ) , ) G"" "'",',',' \:;~,I It;, v' . . COMMONWEALTH OF PENNSYLVANIA ) ( 55.: COUNTY OF CUMBERLAND ) , '" ' Robert E. Goodling, being duly sworn according to law, says that he Is the President of PVOHA, Inc. and as a partner in Orchard Hills Associates and deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information, and belief. Sworn to and subscribed before me this I j'I ~') day of lY"'(l...A.c...n , 199~. C\(",(.'\h\~,R NA"R L.r:.. Notary'~u Iic. .__.., ..__._....~ I ., _ ""_..... /lJAY u. ROsell. NalIly NIc p'& L.ed\ajlI8 e.ro. CUINIlIIalIlI Cau1II1. " ~.~~~~tllN.!.~ . ~. &. ", . .' ',~"""~"-f""' .^- "~-~ ...,!.~ SEP-29-1997 14:09 \. \ i MURRAY INS CLAIMS DEPT . . ',' . #J;,. ~V~ \ / P.04 " ., Commonwealth of Pennsylvania Co\Dlty of Cumberland TilUE coP-{ FROM RECORD Ift,TllS~:'!'OO1 "nereol, I bttIt \Into sd. mo;!"ad am! ~\w -' "iJ. ~ ~ ld ea.11$.~, Pa. Tilis I"""" day ~~:7 l"'i~'- C ~noill{'<i' ~ HUla l\SSClC:1at. end PCCanO Vi 11 '9" Asscclatea Ca"rt of CommoIL Plcu: "" No. ..~]..~4.llj.2.-__C;Yl1 :raz:m......._.._ I~...- Mel S'(1)t:ts 45 Martin s~t East Earl. 1'1'. 17519 In .._~W.u_6ction:-.Iaw. ----.------------ To __~-~m------------..--....------ You &to heRby mnilied \bal -.."'_...:1 11'4"'" tt........f.'- ~..B _..f'I )l."'<l:l1lgl .lr.1IISC:IICl"a""--": V.L'"'"'B4I~""""""'~ _,~ _ - n~ -- - ---..........-------.........-.............-- 11.. PIalIadtr .11 _cd &II ..,riolL in _u_..c.i.\t1l..J.llI&1.-.----------..------....--------..-- apiall )'00& whi<:h yW .... rrquimI so defend or . delault judpeac -y be ""lend .piN, yW. (SULI ._.~--,~--~~~--------~-_.._....----- l'mbollOlNY . I).tot _Ji!!1!.l;.~:.;....l.D..7~-- 19.... By _~a..~...:._.- I)epuey , TOTAL P.04 I I . . -, '\ . ......, ..-, ........ I j #;ie",;" ~?;! \ ! i 1r1ii! ~ljP . ... ~ , I I 'i'~i "II i , I - , . ..., f~r In I i!i , , ... tll Itt I~ I ..., < I . - We r , I ~ , Cll dk ~ I t' liT' i~ I I f I ':::I . ... , l/I , . I ~ . ~ jlls, ~i >, ~ II 0- - If I .. I ........ ~1Il. Ii . , .... I ~ !-Ii.&' ' , ... I I >C P , .. I t,lt I I . ..... I I ii I I , . I, , , Ii . I I , I . I . , . . I ... ..... ..... :--~t'. """""""'~ m'd . . 'VIH'l^'J,.'sti~ ;:11 !Wl'~i~'6 fi.1fV1(if[ i It;, '15 $~~\Js'i1~i~Jb~f& I..R(I ~w r HTl <;N' .lH>l>lnW " Rl'I,tot ).f:;l';t-0=.7-.-l=lC:: """''''''''''!!!'''''''''''''' ') .~ J ~> ..11/ " ,j..1'I' J '".,,, :)'1 ~ , ,";"." "...... 00" 1 I ," ~'" _ ORCHARD HILLS ASSOCIATES'-'~'nd .,..:y;~ N THE COURT OF COMMON POCONO VILLAGE ASSQCIATES, ) PLEAS OF CUMBERLAND Plaintiff ) COUNlY, PENNSYLVANIA ) ) ) ) ) ) ) e, QW '~N~LT'L INS CO 4/M nP'PT ,If/I I 4 1999 vs. CIVIL ACTION - LAW MELVIN W. SPOTTS and ELIZABETH B. SPOTTS, t/d/b/a MEL SPOTTS EXCAVATING, NO. 97-4977 CIVIL TERM Defendants JURY TRIAL DEMANDED STIPULATION AND NOW come the above-named Plaintiffs and Melvin Spotts, by their attorneys wh~ have signed below and stipulate and agree that Plaintiff may file an Amended Complaint, in the form attached hereto and marked as Exhibit A, without formal leave of Court. IN WITNESS WHEREOF, the above-named parties have authorized their I I ; I I I I I I -I attorneys to execute this Stipulation. ~~ Samuel L. And s Attorney for Plaintiffs N~ ]0 Flounlacker ' Attorney for Defendants ~\;~"ll"""""'-?'_"_ y ~ -. '-f " -, , ,---" .' ') 8> . , ORCHARD HILLS ASSOCIATES and ) POCONO VILLAGE ASSOCIATES, ) Plaintiff ) ) vs. ) ) MELVIN W. SPOTTS and ELIZABETH ) B. SPOTTS, t/d/b/a MEL SPOTTS ) EXCAVATING, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-4977 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO DEFENDANT NAMED HEREIN: YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENlY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST ~OU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMS IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERlY OR OTHER RIGHTS IMPORTANT TO YOU YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNlY BAR ASSOCIATION 2 LIBERlY AVENUE CARLISLE, PA 17013 (717) 249-3166 \'i~~~"I'" ," .. " .-"". ~~" . ORCHARD HILLS ASSOCIATES and POCONO VILLAGE ASSOCIATES, Plaintiff vs. MELVIN W. SPOTTS and ELIZABETH B. SPOTTS, t/d/b/a MEL SPOTTS EXCAVATING, Defendants ) Gi ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-4977 CIVIL TERM JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW comes the above-named Plaintiffs, by their attorney, Samuel L. Andes, and makes the following Complaint in this matter: 1. The Plaintiff, Orchard Hills Associates, is a general Pennsylvania partnership consisting of Robert E. Goodling of Carlisle, Pennsylvania, James T. Gibson, of Mechanicsburg, Pennsylvania and Peifer & Gross, Inc., a Pennsylvania business corporation of Elizabethtown, Pennsylvania. Orchard Hills Associates is referred to hereinafter as "Orchard Hills." 2. The Plaintiff, Pocono Village Associates, is a Pennsylvania general partnership consisting of Peifer & Gross, Inc., a Pennsylvania business corporation of Elizabethtown, Pennsylvania, AAA Quality Builders, Inc., a Pennsylvania business corporation of Mechanlcsburg, Pennsylvania, and PVOHA, Inc., a Pennsylvania business corporation of Carlisle, Pennsylvania. Pocono Village Associates will be \ referred to hereinafter as "Pocono." . 3. The Defendants are Melvin W. Spotts and Elizabeth B. Spotts, his wife, adult individuals who trade and do business, jointly, as "Mel Spotts Excavating" and which maintain offices for the conduct of that business at 45 Martin Street in East Earl, Pennsylvania. Both Mr. and Mrs. Spotts are collectively referred to hereinafter as "Defendant." r";~"-~-':,-=r_I''Iil! , " 1-,- - ,--- -~ GJ."", , "';".i~ , Y..~~ ) e,~ ~~' 4. In 1994 Orchard Hills owned a Mobile Home Park situate in Pocono Township, Monroe County, Pennsylvania, which Mobile Home Park was known variously as "Pocono Village Court" or "Pocono Village Mobile Home Park" and which was Improved with facilities for 35 mobile homes, which facilities were leased to tenants and which facilities included a septic system to lawfully dispose of sewer and other wastes on the property. 5. In 1994 and at all other times relevant to this action, Melvin W. Spotts and Elizabeth B. Spotts were engaged In the business of excavation and plumbing work, trading as "Mel Spotts Excavating" and held themselves and their business out to Orchard Hills and Its representatives, and to other members of the public, as being experienced and experts In such work. Melvin W. Spotts operated as an authorized agent and representative of both Defendants in the operation of the excavating the plumbing business. 6. During the summer and fall of 1994, Orchard Hills engaged Defendant to do certain work on the Pocono Village Mobile Home Park. During the process of that engagement, representatives of Orchard Hills and Defendant took the following actions: A. Defendant visited the Pocono Village Mobile Home Park to inspect the problem; and B. Defendant determined what work was necessary to correct the problem and make the improvements which Orchard Hills requested; and C. Defendant met with representatives of Orchard Hills at offices they maintained at that time at 4740 Delbrook Road In Mechanicsburg, Pennsylvania, to discuss the work he proposed to do, to explain to Orchard Hills' representatives how that work would correct the problems at Pocono Village Mobile Home Park, and to propose payment terms for the work he was to do. .~= r-"."" '..., " -""'~~~=,- tDJ.. ~!IP .~ 7. At various meetings held at Orchard Hills' office in Mechanicsburg, Orchard Hills engaged Defendant to do work on the septic and sewer system at the Pocono Village Mobile Home Park. The terms of the engagement were that Defendant would do the work It had verbally described to the representatives of Orchard Hills in a good and workmanlike manner, In exchange for which Orchard Hills would pay Defendant Its normal and customary charges, on a time and material basis, for such work. Although no formal written agreement was prepared between the parties, Brian Gross, one of the principals In Peifer & Gross, Inc. who represented Orchard Hills at the meetings with Defendant, prepared a Memorandum outlining the nature of the work to be done and said Memorandum was signed by representatives of Orchard Hills and Defendant. A copy of that Memorandum is attached hereto and marked as Exhibit A. 8. Thereafter, Defendant did various work on the plumbing and septic systems at the Pocono Village Mobile Home Park, between August of 1994 and the early part of 1995. Defendant performed his work on the Pocono Village Mobile Home Park In a negligent, careless, and reckless fashion. Specifically: a. Defendant cut off a gravity feed pipe or line which connected eleven (11) mobile homes to a "dosing tank" without re-connectlng that line to any other part of the septic system. As a result of this action, the sewage which emanated from those eleven (11) mobile homes was not deposited into the septic syster;n for the mobile home park and was simply dumped into the ground. b. Defendant re-filled the hole which It had excavated to cut off the gravity feed pipe described In sub paragraph a and refilled that hole without correcting the problem created by their mistake and thus concealed the problem from Orchard Hills. c. Defendant failed to advise Orchard Hills or its representatives of the wrongful action it had taken in cutting off the gravity feed pipe. ,,"\-,~~_~~"'ll'''''Pl'_ - ,~" , - . 41: .~ G 9. As a direct result of the negligence, carelessness, and recklessness of Defendant, the sewer system at the Pocono Village Mobile Home Park was rendered Ineffective, Incomplete, illegal, and dangerous. The acts of Defendant by cutting off the gravity feed pipe and causing the untreated waste from eleven (11) mobile homes to simply pass Into the ground violated federal and state environmental laws and the ordinances of Pocono Township In Monroe County and exposed the owners and representatives of Orchard Hills to criminal and civil penalties and sanctions for such violations. 10. Because Defendant refilled the excavation in which Defendant did the defective work and failed to report and disclose to Orchard Hills and Its representatives the defective work it had done, Orchard Hills was unaware of the problem and the violation of law which that problem created. 11. In June of 1996, still unaware of the problem caused by Defendant's defective work, Orchard Hills sold the Pocono Hills Mobile Home Park to a third party purchaser for $645,000.00. 12. In late 1996, the third party purchaser complained to Orchard Hills about problems he was experiencing with the plumbing and sewer system at the Pocono Village Mobile Home Park. During the investigation of those problems, by the third party purchaser and his representatives and by Orchard Hills and its representatives, the gravity feed pipe which Defendant had improperly cut and disconnected was uncovered and discovered. Upon discovery of the problem, the third party purchaser rescinded his purchase of the Pocono Village Mobile Home ParR, threatened suit against Orchard Hills and its representatives, and demanded a refund of all monies paid by him for the purchase of the Pocono Village Mobile Home Park and all expenses incurred by him in the attempts to solve and remedy the problem caused by Defendant's defective work. 13. Following several months of negotiations with the third party purchaser, and several months of further investigation into the problem caused by Defendant's 'kJ"'~"'''''i>_~":,,,~ ""!"'_ ''''' .. ,- ~,' . ...~ \ ) ~ WJ #'!Jl, ~~) defective work, the principals of Orchard Hills formed a new partnership, Pocono Village, to re-purchase the Pocono Village Mobile Home Park from the third party purchaser and negotiated a settlement agreement, on behalf of Orchard Hills and Pocono Village, with the third party purchaser to pay and reimburse the third party purchaser his losses and expenses Incurred as a result of the problem at Pocono Village Mobile Home Park with the plumbing and sewer system. As part of that agreement and settlement, Orchard Hills and Pocono Village incurred the following expenses and had to pay the following items: a. Reimbursement of the third party purchaser's out of pocket expenses for plumbing repairs incurred in an attempt to correct the problem $3,185.00 b. Reimbursement of the third party purchaser's engineering fees incurred in an attempt to solve the problem $2,853.00 c. Reimbursement of the third party purchaser's attorney's fees 115,151.00 Total $21,189.00 All of these expenses were paid by Orchard Hills and Pocono Village as a direct result of the negligent, reckless, and careless actions of Defendant as described herein above. 14. In addition to the above reimbursements and expenses, Pocono Village and Orchard Hills Incurred other expense,s of their own as a result of the negligence, carelessness, and recklessness of Defendant. Those expenses and losses are: a. Settlement costs at Orchard Hills' original sale to the third party purchaser, which sale was later reversed $16,675.00 b. Fees paid to All State Septic Systems to pump sewerage from the Pocono Village Mobile Home Park and to make certain repairs to the system to '~"'-~"!''I''_-!-^~ - "I' ~ '-"!'~~lJjjl"""""''''''''''f''1~''' 1/':, ~~r,~ GJ."'" l~ .\:.tl ,~ . pump sewerage from the Pocono Village Mobile Home Park and to make certain repairs to the system to correct the problem caused by Defendant's improper actions $14,692.00 c. Engineering and related professional fees and expenses to Identify and correct the problem caused by Defendant's improper work $11,864.00 d. Attorney's fees _$7.736.00 TOTAL $50,967.00 All of these expenses and losses were caused to the Plaintiffs as a direct result of the negligence, carelessness, and recklessness of Defendant. 15. In addition to the damages and losses described in the foregoing two paragraphs, the Plaintiffs Incurred other expenses and losses, including the following: a. The Interruption of the activities and business effort of Its owner, employees, and representatives to address and resolve the problem caused by Defendant's defective work. b. Public scorn, approbation and humiliation resulting from their owning and operating a mobile home park with a defective and illegal septic and plumbing system. c. The loss of the bargain they enjoyed from the sale of the mobile home park to the third party purchaser, which sale had to be set aside and reversed upon the discovery of the conditions and problems caused by Defendant's defective and improper work. The above damages are not liquidated. Plaintiffs believe that they have suffered damages, as a result of these items, in a sum in excess of $25,000.00. 16. All of the damages listed above are a direct result of the negligence, carelessness, and recklessness of the Defendant. All of these damages have been " o_.~_-._..",.".,,_ G'. i\i, '~" i~#1 ~. ~J~~ suffered by one or both of the Plaintiffs. The Defendants, by their conduct, have injured Plaintiffs in an amount substantially In excess of $25,000.00. WHEREFORE, Plaintiffs demand judgment against the Defendants, Melvin W. Spotts and Elizabeth B. Spotts, jointly and severally, In an amount in excess of $25,000.00, pius interest from and after 1 December 1995, plus costs of suit i,-~_mQa Sa uel L. A~ Attorney for Plaintiffs Supreme Court ID # 17225 525 N. 12th Street Lemoyne, Pa 17043 (717) 761-5361 "'~;~.~-".- ~,~~.,.,- ~ ~~ I ~'" "I"',' "V,!-:)' COUNTY OF CUMBERLAND ) ( 55.: ) COMMONWEALTH OF PENNSYLVANIA Robert E. Goodling, being duly sworn according to law, says that he Is the President of PVOHA, Inc. and as a partner In Orchard Hilis Associates and deposes and says that the facts set forth in the foregoing Amended Complaint are true and correct to the best of his knowledge, Information, and belief. worn to and subscribed eefore me this I'i?fh day [ IIJDilf'mruf ,1998: !1ni~ lrh. lkIM' l.LL otary ublic. NOTARIAL 8EAL NlYM. R08aU,NoIIIyMlll ~8U'D, ~ldColllly. p~ My r.~~"'':~::':~~.'''.!OM '... . " 01'. . .. 1 ',' "",~_1""""'.':"'~"'''''''-~_ . , G\ ) . Investment Management Services, Inc. 4740 DELBROOK ROAD MECUANICSBURG, PA 17055 (717) 737.5440 FAX: (717) 737.4524 AU9US t 22, 199'1 To: FROM: liE: Paul Lopresti, Bob Goodling, Mel Spotts, Irvin Peife." Brian Gross Action plnn for resolution of sewaoe manaoement. and repairs at Pocono Village The fOllowino plan was agreed to by all parties at a meet Inu at 4740 Delbrook Road, Mechanlcsburg, PAl on August 22, 1994, accordi no to the foll owing sequence: 1. Mel wi 11 invnodiatcly begin construclion of the curttlln drain for failing septic bed. 2. In conjunction with Paul's advice, Mel will begin inSI~llation of grease traps according to plans approved by Bob GOOdling. :I. Mel wi 11 t.rench two or more short lines from the front beds across the park street. .1. After t.he above has been COllllnfmC8l1, Paul wlll beo i n designing a new septic bed on th. ~ndeveloped portion of the I1rOpcny in conjunction with the Township SEO. Durino th~t I1rocess, Paul will explore the feasibility of installlno a treatment plant on the I1roperl:y to treat wat.er. 5. All partics' wi 11 communicate thrduuh Bob Goodlino throughout the processes. ~~ ,I" " b ,', "'I'" JII,II,I,'.11 ,'.'i 11"'1 ,I'l ""ii'",1,I.~lI l~IL"", ",' L', ~fP5 1\ 'r......l'l...""1..:.~.."~'''...I,I.: ' . "#-,~- ~"'"",,"""'mr,l1i~~,.. _ _ '"'~ I, F_"I ~~ 330 COMMERCIAL GENERAL LIABILITY · CG 00 01 01 8t .i COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions In this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what Is and Is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declara- tions. and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this Insurance. The word "Insured" means any person or organization qualifying as such under WHO IS AN INSURED (SECTION II). Other words and phrases that appear In quotation marks have special meaning. Refer to DEFINITIONS (SECTION V). SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of "bodily injury" or "property dam- age" to which this Insurance applies. We will hava the right and duty to defend the insured against any "suit" seeking those damages. However. we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this Insurance does not apply. We may. at our discretion. investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSUR- ANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance In the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or periorm acts or servlcas Is covered unless ex- plicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. CG 00 01 01 96 b. This insurance applies to "bodily Injury' and';, "property damage" only if: " (1) The "bodily injury" or "property damage' Is caused by an "occurrence" that takes place in the "coverage territory"; and (2) The "bodily Injury" or "property damage' occurs during the policy period. c. Damages because of "bodily Injury" include damages claimed by any person or organiza- tion for care, loss of services or death resulting at any time from the "bodily Injury". 2. Exclusions This Insurance does not apply to: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or Intended from the standpoint of the Insured. . This exclusion does not apply to 'bodily Injury' resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily Injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. This exclusion does not apply to liability for damages: (1) That the Insured would have In the absence of the contract or agreement; or (2) Assl.med in a contract or agreement that Is an "insured contract", provided the "bodily Injury" or "property damage' occurs subse- quent to the execution of the contract or agreement. Solely for the purposes of li- ability assumed In an "Insured contract', reasonable attorney fees and necessary litigation expenses Incurred by or for a' party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense hes also been assumed in the same "insured contract'; and Copyright, Insurance Services Office, Inc., 1994 Page 1 0113 :~ "ff" ej I' '-'I rl " -';Ii. .....p.;:r II ~ :; 4 ~'f"-~ ,BILITY 1 01 96 tM try" and lage" is 's place Image" nclude ISnizs. suiting ected lured. 1jUry" ce to Ihich s by con. not once It is I dily ,~ sa- !:! or Ii. ~t'\ lr}' a to or st .n ,'.:,"; ". , ii'. J:, ~ it II, - CGL Coverage Form 331 (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this Insurance applies are al- leged. c. Liquor Llablllty "Bodily Injury" or "property damage" for which any Insured may be held liable by reason of: (i) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or un- der the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alco- holic beverages. This exclusion applies only If you are In the business of manufacturing, distributing, selling, seNlng or furnishing alcoholic beverages. d. Workers Compensation and Similar Laws Any obligation of the Insured under a workers compensation, disability benefits or unem- ployment compensation law or any similar law. e. Employer's Llablllty "Bodily Injury" to: (i) An "employee" of the Insured arising out of and In the course,of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the Insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" es a consequence of paragraph (1) above. This exclusion applies: (1) Whether the Insured may be liable es an employer or In any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay dam- ages because of the Injury. This exclusion does not apply to lIablllty as- sumed by the insured under an "insured con- tract". f. Pollution (1) "Bodily Injury" or "property damage" ariSing out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, re- lease or escape of pollutants: (a) At or from any premises, site or location which Is or was at any time owned or occupied by, or rented or loaned to, any Insured; (b) At or from any premises, site or location which Is or was at any time used by or for any Insured or others for the han- dling, storage, dIsposal, processing or treatment of waste; (c) Which are or were at any time trans- ported, handled, stored, treated, dis- posed of, or processed as waste by or for any Insured or any person or organi- zation for whom you may be legally re- sponsible; or (d) At or from any premises, site or location on which any Insured or any contractors or subcontractors working directly or In- directly on any Insured's behalf are performing operations: (I) If the pollutants are brought on or to the premises, site or location In con- nection with such operations by such Insured, contractor or subcontractor; or (II) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or In any, way respond to, or assess the effects! of pollutants. Subparagraph (d) (I) does not apply to "bodily Injury" or "property damage" arising out of the escape of fuels, lubri- cants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions nec. essary for the operation of "mobile equipment" or Its parts, If such fuels, lu- bricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply If the fuels, lubricants or other operating fluids are Intentionally discharged, dispersed or released, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the Intent to be dis- charged, dispersed or released as part of the operations being performed by such insured, contractor or subcontrac- tor. !\,: , '(Pege 2 of 13 Copyright, Insurance Services Office, Inc.. 1994 CG 00 01 01 96 [J ,~ ,~-~'~I - " 'I . """',~""""'-= 332 CGL Coverage Form Subparagraphs (a) and (d)(l) do not apply to "bodily Injury" or "property damage" arising out of heat, smoke or fumes from a hostile fire. As used In this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where It was intended to be. (2) Any loss, cost or expense arising out of any: (a) Request, demand or order that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or In any way respond to, or assess the effects of pollutants: or (b) Claim or suit by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, clean- Ing up, removing, containing, treating, detoxifying or neutralizing, or In any way responding to, or assessing the effects of pollutants. Pollutants means any solid, liquid, gaseous or thermal Irritant or contaminant, Including smoke, vapor, soot, fumes, acids, alkalis, chemicals and weste. Weste Includes materi- als to be recycled, reconditioned or reclaimed. g. Aircraft, Auto or Watercraft "Bodily Injury" or "property damage" arising out of the ownership, maintenance, use or en- trustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any Insured. Use Includes operation and "loading or unloading". This exc/us/on does not apply to: (1) A watercraft while eshore on premises you own or rent; (2) A watercraft you do not own that is: (a) Lass than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the Insured; (4) Liability assumed under any "Insured COn- , tract" for the ownership, maintenance Or use of aircraft or watercraft: or , (5) "Bodily Injury" or "property damage" arising out of the operation of any of the equip- ment listed In paragraph f.(2) or 1.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily Injury" or "property damage" arising OUl of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any Insured: or (2) The use of "mobile equipment" In, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. I. War "Bodily Injury" or "property damage" due to war, whether or not declared, or any act or condition Incident to war. War includes civil war, Insurrection, rebellion or revolution. This exclusion applies only to liability assumed un- der a contract or agreement. J. Damage to Property "Property damage" to: (1) Property you own"rent, or occupy; (2) Premises you sell, give away or abandon, If the "property damage" arises out of any part of those premises: (3) Property loaned to you; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which you or any contractors or subcon- tractors working directly or indirectly on your behalf are performing operations, If the "property damage" arises out of those operations: or (6) That particular part of any property that must be restored, repaired or replaced be- cause "your work" was Incorrectly per- formed on It. Paragraph (2) of this exclusion does not apply If the premises are "your work" and were never occupied, rented or held for rental by you. " CG 00 01 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 3 of 13 "~"~-~;""""~ w- ~ I" tl '!, . ",,1, '\1>-' ~\('!:" l,~ -jd' ,,', " ~:,ir~ ' 'Id, :I:}I.. ').,IC.' :..,," ',t,}:I: W',". j.!'~~' l!~~ I,.' ,1" '..:to", i';,:,~ I ~i?' : ",,; ~,~: -""n~_ - -n~ - CGL Coverage Form Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" Included In the "prod- ucts-completed operations hazard". k. Damage to Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "prod- ucts-completed operations hazard", This exclusion does not apply If the damaged work or the work out of which the damage arises was performed on your behalf by a sub- contractor. m. Damage to Impaired Property or Property Not Physically Inlured "Property damage" to "impaired property" or property that has not been physically Injured. arising out of: (1) A defect, deficiency, inadequacy or dan- gerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement In accordance with Its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its Intended use. n. Recall at Products, Work or Impaired Property Damages claimed for any loss, cost or ex- pense incurred by you or others for the loss of use, withdrawal, recall, Inspection, repair, re- placement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition In It ~' .' 'Jc: Page 4 of 13 Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo- rarily occupied by you with permi~sion of the owner. A separate limit of insurance applies to this coverage as described In LIMITS OF INSUR- ANCE (Section III). COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the Insured be- comes legally obligated to pay as damages because of "personal Injury" or "advertising injury" to which this Insurance applies. We will have the right and duty to defend the Insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal injury" or "advertising Injury" to which this insurance does not apply. We may, at our discretion, Investigate any "occurr~nce" or of- fense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages Is limited as described In LIMITS OF INSUR. ANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance In the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or seNlces Is covered unless ex- plicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. b. This insurance applies to: (1) "Personal Injury" caused by an offense arising out of your business, excluding ad- vertising, publishing, broadcasting or tele- casting done by or for you; (2) "Advertising injury" caused by an offense committed In the courne of advertising your goods, products or seN Ices; but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. "Personal injury" or "advertising injury": (1) Arising out of oral or written publication of material, if done by or at the direction of the Insured with knowledge of Its falsity; Copyright, Insurance SeNlces Office, Inc., 1994 co 0001 01 96 0 1'1 333 334 CGL Coverage Form (2) Arising out of oral or written publication of material whose first publication took. place before the beginning of the policy period; (3) Arising out of the willful v lolatlon of a penal statute or ordinance committed by or with the consent of the Insured; (4) For which the Insured has assumed liability In a contract or agreement. This exclusion does not apply to liability for damages that the Insured would have In the absence of the contract or agreement; or (5) Arising out of the actual, alleged or threat- ened discharge, dispersal, seepage, migra- tion, release or escape of pollutants at any time. b. "Advertising Injury" arising out of: (1) Breach of contract, other than misappro- priation of advertising Ideas under an Im- plied contract; (2) The failure of goods, products or services to conform with advertised quality or per- formance; (3) The wrong description of the price of goods, products or services; or (4) An offense committed by an Insured whose business Is advertising, broadcasting, pub- lishing or telecasting. c. Any loss, cost or expense arising out of any: (1) Request, demand or order that any Insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutralize, or In any way respond to, or assess .the ef- fects of pollutants; or (2) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, re- moving, containing, treating, detoxifying or neutralizing, or In any way responding to, or assessing the effects of pollutants. Pollutants means any solid, liquid, gaseous or thermal Irritant or contaminant, Including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste Includes materials to be recycled, reconditioned or reclaimed. COVERAGE C. MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily Injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent. or ' (3) Because of your operations; provided that: (1) The accident takes place In the "coverage territory" and during the polley period; (2) The expenses are Incurred and reported to us within one year of the date of the accl. dent; and (3) The Injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap. pllcable limit of Insurance. We will pay reason- able expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, Including prosthetic de- v Ices; and (3) Necessary ambulance, hospital, profes- , slonal nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily Injury": a. To any Insured. b. To a person hired to do work for or on behalf of any Insured or a tenant of any Insured. c, To a person Injured on that part of premises you own or rent that the person normally occu- pies. d. To a person, whether or not an "employee" 01 any Insured, If ber,efits for the "bodily Injury" are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. To a person Injured while taking partin athlet- Ics. t. Included within the "products-i:Ompleted op- erations hazard". g. Excluded under Coverage A. h. Due to war, whether or not declared, or any ael or condition Incident to war. War Includes civil war, Insurrection, rebellion or revolution. CG 00 01 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 5 ot 13 ;"'~~-"'1" ~I' . " - ',~ ,'J , 'I;~ ,':'t: 'J"il 'I' P,' , " I I I \ I , , I ,I , , I I I , , I \ . I; " I [ I "I . . .\ j ',il <,':'1, ',.',',J ,/;{:}: ";:ll' Wit:i\ CGL Coverage Form nt; , SUPPLEMENTARY PAYMENTS - COVERAGES A ANDB We will pay, with respect to any claim we investigate or settle, or any "suit" against an Insured we defend: 1. All expenses we incur. 2. Up to $250 lor cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of Insurance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the Insured at our request to assist us In the Investigation or defense of the claim or "suit", including actual loss, of earnings up to $250 a day because of time off from work. 6. All costs taxed against the insured in the "suit". 8. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of Insurance, we will not pay any prejudgment interest based on that period of time aller the offer. 7. All Interest on the full amount of any judgment that accrues aller entry of the judgment and be- fore we have paid, offered to pay, or deposited in court the part of the Judgment that Is within the applicable limit of Insurance. These payments will not reduce the limits of insur- ance. II we defend an insured against a "suit" and an in- demnitee of the insured Is also named as a party to the "suit", we will defend that Indemnitee if all of the following conditions are met: a. The "suit" against the Indemnitee seeks damages for which the Insured has assumed the liability of the Indemnitee In a contract or agreement that is an "Insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the de- fense of, that Indemnitee, has also been assumed by the Insured in the same "insured contract"; d, The allegations In the "suit" and the Information we know about the "occurrence" are such that no conflict appeal1l to exist between the Interests of the Insured and the Interests of the Indemnitee; le to :1- n, :e )f l- I- n 3;;'::i ,~,i \' P ;1' i aae8nf1't ~- I, ,. '-.' !I '.'_"'''''''''''"...'ilIWfI"", 335 e. The indemnitee and the Insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the Indemnitee; and ' f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us In the Investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the "suit"; (c) Notify any other Insurer whose coverage Is available to the Indemnitee; and (d) Cooperate with us with respect to coordi- nating other applicable Insurance available to the Indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other Information re- lated to the "suit"; and (b) Conduct and control the defense of the Indemnitee in such "suit". So long as the above conditions are met, attorneys fees. incurred by us In the defense of that Indemnitee, necessary litigation expenses Incurred by us and necessary litigation expenses incurred by the indem- nitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of para- graph 2.b.(2) of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages), such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in paragraph I. above, are no longer met. . -,"~~- 336 CGL Coverage Form . SECTION II - WHO IS AN INSURED 1. If you are designated In the Declarations as: a. An individual, you and your spouse are in- sureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnel1lhip o.r joint venture, you are an In- sured. Your membel1l, your partnel1l, and their spouses are also Insureds, but only with re- spectto the conduct of your business. c. A limited liability company, you are an insured. Your membel1l are also Insureds, but only with respect to the conduct of your business. Your managel1l are insureds, but only with respect to their duties as your managel1l. d. An organization other than a partnel1lhlp, Joint venture or limited liability company, you are an Insured. Your "executive offlcel1l" and dlrectol1l are Insureds, but only with respect to their du- ties as your offlcel1l or dlrectol1l. Your stock- holdel1l are also insureds, but only with respect to their liability as stockholdel1l. 2. Each of the following Is also an insured: a. Your "employees", other than either your "ex- ecutive offlcel1l" (If you are an organization other than a partnel1lhip, Joint ventura or lim- ited lIablllty company) or your managel1l (If you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" is an insured for: (1) "Bodily Injury" or "pel1lonallnjury": (a) To you, to your partnel1l or membel1l (if you are a partnel1lhlp or joint venture), to your membel1l (If you are a limited li- ability company), or to a co-"employee" while that co-"employee" Is either In the coul1le of his or her employment or performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" as a conse- quence of paragraph (1 )(a) above; (c) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the Injury described In paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care serv ices. CG 00 01 01 96 (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, In the care, custody or COn- trol of, or over which physical COntro11a being exercised for any purpose by you, any of your "employees", any partner or member (If you are a partnel1lhlp or lolnt venture), or any member (If you are a lim- Ited liability company). b. Any pel1lon (other than your "employee") or any organization while acting as your real' es- tate manager. c. Any pel1lon or organization having proper temporary custody of your property If you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That represen- tative will have all your rights and duties under this Coverage Part. 3. With resp.ect to "mobile equipment" registered In your name under any motor vehicle registration law, any pel1lon Is an Insured while driving such equipment along a public highway with your per- mission. Any other pel1lon or organization respon- sible for the conduct of such person Is also an In- sured, but only with respect to liability arising out of the operation of the equipment, and only If no other insurance of any kind Is available to that pel1lon or organization for this liability. However, no person or orgi3nlzatlon Is an Insured with re- spect to: a. "Bodily Injury" to a co-"employee" of the per- son driving the equipment; or b. "Property damage" to properly owned by, rented to, In the Charge of or occupied by you or the employer of any pel1lon who Is an In- sured under this prov Islon. 4. Any organization you newly acquire or form, other than a partnel1lhlp, joint venture or limited liability company, and over which you maintain ownel1lhlp or majority Interest, will qualify as a Named In- sured If there Is no other similar Insurance avail- able to that organization. However: a. Coverage under this provision Is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever Is earlier; Copyright, Insurance Services Office, Inc., 1994 Page 7 of 13 . "'~~r~"~ - - I'" ,,~ II ~ \1 V CGL Coverage Form In- lis b. Coverage A does not apply to "bodily Injury" or "prop,erty damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal Injury" or "advertising Injury" arising out of an offense committed before you acquired or formed the organization. No person or organization Is an insured with respect to the conduct of any current or past partnership, Joint venture or limited liability company that Is not shown as a Named Insured In the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown In the Declarations and the rules below fix the most we will pay ra- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property dam- age" included In the "products-completed op- erations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit Is the most we will pay under Coverage A for damages because of "bodily Injury" and "property damage" Included In the "products-completed op- erations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Cover- age B for the sum of all damages because of all "personal injury" and all "advertising Injury" sus- tained by anyone' person or organization. 5. Subject to 2. or 3. above, whichever applies. the Each Occurrence limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property dam- age" arising out of anyone "occurrence". ler int m- or lS- ler Ie, he en lIy In- ler in )n ~h !T- n- n- ut 10 at !T, a- Ir- y, IU n- 9r ty ip ,- 11- Iy 18 j, 13 O~! H,' PBQe8 of 1:\ ,337 6. Subject to 5. aQove, the Fire Damage Limit is the most we will p~y under Coverage A for damages because of "prClperty damage" to premises, while rented to you 01 temporarily occupied by you with permisSion of the owner, arising out of anyone fire, 7. SUbject to 5. above, the Medical Expense limit is the most we will pay under Coverage C for all medical expenses because of "bodily Injury" sus- tained by anyone person. The limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months. starting with the beginning of the policy period shown In the Declarations. unless the polley period Is extended after Issuance for an additional period of less than 12 months. In that (lase, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. _ SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or Insolvency of the Insured or of the Insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense. Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" ;or an offense which may result In a claim. To the extent pos- sible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any Injury or damage arising out of the "occurrence" or offense. b. If a claim Is made or "suit" Is brought against any Insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. ,;~,~ .. , '-" ~ 1'1 ("'.n""..l.....h~ l....... ."'............ c:",..... ,1......_ ,",.r..r.~ ~ _ ,__ , " 338 CGL Coverage Form c. You and any other involved Insured must: (1) Immediately send us copies of any de- mands. notices, summonses or legal pa- pers received In connection with the claim or"suit"j (2) Authorize us to obtain records and other Information; (3) Cooperate with us In the Investigation or settlement of the claim or defense against the "suit"; and (4) Assist us. upon our request, in the en- forcement of any right against any person or organization which may be liable to the Insured because of Injury or damage to which this Insurance may also apply. d. No insured will, except at that Insured's own cost, voluntarily make a payment, assume any obligation, or Incur any expense, other than for first ald. without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: I a. To join us es a party or otherwise bring us Into a "suit" asking for damages from an Insured; or b. To sue us on this Coverage Part unless all of Its terms have lreen fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are In excess of the applicable limit of Insur- ance. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claimant's lagal represen- tative. 4. Other Insurance If other valid and collectible Insurance Is available to the Insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance Is primary except when b. be- low applies. If this Insurance Is primary, our obligations are not affected unless any of the other Insurance Is also primary. Then, we will share with all that other Insurance by the method described in c. below. b, Excess Insurance This Insurance Is excess over any of the other insurance, whether primary, excess, COntingent or on any other basiS: (1) That Is Fire, Extended Coverage. Bullde,.. Risk, Installation Risk or similar COverage for "your work"; (2) That Is Fire Insurance for premises rented '" to you or temporarily occupied by you w"h permission of the owner; or (3) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Cov- erage A (Section I). When this Insurance Is excess, we will have no duty under Coverages A or B to defend the In- sured against any "suit" If any other Insurer has a duty to defend the Insured against that "su"", If no other Insurer defends, we will undertake to do so. but we will be entitled to the Insured'1 rights against all those other Insurers, When this Insurance Is excess over other In- surance. we will pay only our share of the amount of the loss, If any, that exceeds the sum of: (1) The total amount that all such other Insur- ance would pay for the loss In the absence of this Insurance; and (2) The total of all deductible and self-insured amounts under all that other Insurance. We will share the remaining loss. if any, with any other Insurance that Is not described In this Excess Insurance provision and was not bought specifically to apply In excess of the limits of Insurance shown In the Declarations of this Coverage Part. c. Method of Sharing If all of the other Insurance permits contribu- tion by equal shares, we will follow this method also. Under this approach each Insurer con- tributes equal amounts until It has paid Its ap- plicable limit of Insurance or none of the loss remains, whichever comes first. If any of the other Insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each Insurer's share Is based on the ratio of Its applicable limit of Insurance to the total applicable limits of Insurance of all Insurers. CG 00 01 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 9 of 13 I" " " -:--'~~"I I ~ 'I ~~ /' /, , ',' "',' , - ".,:1, CGL Coverage Form 6. Premium Audit 8. We will compute all premiums for this Cover- age Pari In accordance with our rules and rates: b. Premium shown In tills Coverage Part es ad- vance premium Is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the ad- vance and audit premiums paid for the policy period Is greater than the earnad premium. we will return the excess to the first Named In- sured. c. The first Named Insured must keep records of the Information we need for premium compu- tation, and send us copies at such times es we may request. 8. Representations By accepting this policy, you agree: 8. The statements In the Declarations are accu- rate and complete: . b. Those statements are based upon representa- tions YOLl made to us; and c. We have Issued this poliCY In reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance. and any rights or duties specifically assigned In this Coverage Part to the first Named Insured, this Insurance applies: a. As If each Named Insured were the only Named Insured; and b. Separately to each Insured against whom claim Is made or "suit" Is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the Insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The In- sured must do',nothlng after loss to Impair them. At our request. the Insured will bring "suit" or transfer those rights to us and help us enforce them. o PaOA1nnt1" 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mall or deliver to the first Named Insured shown In the Declarations wrlllen notice of the nonrenewal not less than 30 days before the expi- ration date. If notice Is mailed, proof of mailing will be suffi- cient proof of notice. SECTION V - DEFINITIONS 1. "Advertising Injury" means Injury arising out of one or more of the fOllowing offenses: a. Oral or wrlllen publlcallon of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; b. Oral or written publication of material that violates a person's right of privacy; c. Misappropriation of advertising Ideas or style of doing business; or d. Infringement of copyright. IIl1e or slogan. 2. "Auto" means a land motor vehicle. trailer or semitrailer designed for travel on public roads, In- cluding any attached machinery or equipment. But "auto" does not Include "mobile equipment". 3. "Bodily Injury" means bodily Injury, sickness or disease sustained by a person, Including death re- sulting from any of these at any time. 4. "Coverage territory" means: a. The United States of A~rlca (Including Its terrllorles and possessions), Puerto Rico and Canada: b. International waters or airspace, provided the Injury or damage does not occur In the course of travel or transportation to or from any place not Included In a. above; or c. All parts of the world if: (1) The Injury or damage arises out of: (a) Goods or products made or sold by you In the territory described In a. above; or "'~"~-~ II ,..,._....1_..." 1__....____ t"'__.!___ _~I!__ - . I . ,"~ _, " 339 ~.....- "" ~~ '~.. J. ',>'" , ,.:{ .. ... . '''"~,' -'r;-.:: :,:~ ,: " ' ,( ~ I 1 I I I I 340 CGL Coverage Form (b) The activities of a person whose home Is In the territory described in a. above, but Is away for a short time on your business; and (2) The Insured's responsibility to pay damages Is determined In a "suit" on the merits, In the territory described In a. above or In a settlement we agree to. 5. "Employee" Includes a "leased worker". "Em- ployee" does not Include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. 7. "Impaired property" means tangible property, other than "your product" or "your work", that can- not be used or is less useful because: a. It Incorporates "your product" or "your work" that is known or thought to be defective, defl. cient, Inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; If such property can be restored to use by: a. The' repair, replacement, adjustment or re- moval of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 8. "Insured contract" means: a. A contract for a leese of premises. However, that portion of the contract for a lease of premises that Indemnifies any person or or- ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "in- sured contract"; b. A sidetrack agreement; c. Any eesement or license agreement, except In connection with construction or demolition op- erations on or within 50 feet of a railroad; d. An obligation, es required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; CG 00 01 01 96 f. That part of any other contract or agreement pertaining to your business (Including an in- demnification of a municipality In connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily Injury" or "property damage" to a third person or organization, Tort liability means a liability that would be ImpoSed by law In the absence of any contract or agreement. Paragraph t. does not Include that part of any contract or agreement: (1) That Indemnifies a railroad for "bodily In- Jury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trastle, tracks, road-beds, tunnel, underpass or crossing; (2) That Indemnifies an architect, engineer or surveyor for Injury or damage arising out of: (a) Preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifl. cations; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the Injury or damage; or (3) Under which the: Insured, If an architect, engineer or surveyor, assumes liability for an Injury or damage arising out of the In. sured's rendering or failure to render pro- fessional. services, Including those listed In (2) above and supervisory, Inspection, ar. chltectural or engineering activities. 9. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 10. "Loading or unloading" means the handling of property: a. After It Is moved from the place where It Is accepted for movement Into or onto an air. craft, watercraft or "auto"; . Copyright, Insurance Services Office, Inc., 1994 Page 11 ot 13 a 'ment In in- !Ction mder other perty Tort OSed :t or any I in. rt of on8, and stie, or r or out lre. IgS, 31'S, , :ifi. or ary let, for In. " ro- i in 1 lr' '11 by 3" 35 Jd Jf is r. o " ~~ .;%,1 "~\. ~~ .. CGL Coverage Form b. While it is in or on 'an aircraft, watercraft or "auto"; or c. While it Is being moved from an aircraft, wa- tercraft or "auto" to the place where It Is finally delivered; but "loading or unloading" does not include the movement 01 property by means 01 a mechanical device, other than a hand truck, that Is not at- tached to the aircraft, watercraft or "auto". 11."Moblle equipment" means any of the lollowlng types 01 land vehicles, InchJdlng any attached ma- chinery or equipment: a. Bulldozers, larm machinery, lorkllfts and other vehicles designed lor use principally 011 public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether sell-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described In a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment 01 the following types: (1) Air compressors, pumps an!! generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation 01 persons or cargo. However, sell-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and Page 12 of 13 :141 (3) Air compressors, pumps and generators, Including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 12. "Occurrence" means an accldant, including con- tinuous or repeated exposure to substantially the same general harmlul conditions. 13. "Personal Injury" means Injury, other than "bodily Injury", arising out alone or more of the following offenses: a. False arrest, detantlon or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry Into, or invasion of the right of private occu- pancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; or e. Oral or written publication of material that violates a person's right of privacy. 14. "Products-completed operations hazard": a. Includes all "bodily Injury" and "property dam- age" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still In your physical pos- session; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all 01 the work called for In your contract has been completed. (b) When all of the work to be done at the job site has been completed If your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to Its Intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which Is otherwise complete, will be treated as completed. 'I Copyright, Insurance Services Office, Inc., 1994 ~f" CG 00 01 01 96 o ~".- ~ . 342 CGL Coverage Form b. Does not include "bodily Injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equip- ment or abandoned or unused materials; or (3) Products or operations for which the classi- fication, listed in the Declarations or In a policy schedule, states that products- completed operations are subject to the General Aggregate Limit. 15. "Properly damage" means: a. Physical injury to tangible property, Including all resulting loss of use of that property, All such loss of use shall be deemed to occur at the time of the physical injury that caused It; or b. Loss of use of tangible property that Is not physically Injured. All such loss of use shall be deemed to occur at the time of the "occur- rence" that caused it. 16. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage". "personal injury" or "advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding In which such dam- ages are claimed and to which the Insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our con- sent. i, CG 00 01 0196 iJ\ , ' 'I""-\i'! ",_"'" 17. "Temporary worker" means a person who Is fur nished to you to substitute for a permanent "em: ployee" on leave or to meet seasonal or short term workload conditions. . 18. "Your product" means: a. Any goodS or products, other than real prop. erty, manufactured. sold, handled, distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials parts or equipment furnished In connection with such goods or products. "Your product" includes: a. Warranties or representations made at any time with respect to the fitness, quality, dura- bility, performance or use of "your product'; and b. The providing of or failure to provide warnings or Instructions. "Your product" does not Include vending machines or other property rented to or located for the use of others but not sold. 19. "Your work" means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished In . connection with such work or operations. "Your work" includes: a. Warranties or representations made at any time with respect to the fitness, quality, dura- bility, performance or use of "your work"; and b. The providing of or failure to provide warnings or Instructions. .. Copyright, Insurance Services Office, Inc., 1994 Page13of13' C . :,::.,1 ,1 ,,^' "'"',"~ ~ !Ill. ~ ~ ~ VI tn' ^ 1),$ N N3cil :?lsrn\\18 101 Hd to ~ II Nlr UHn~o ;)N'n,IJ\1~t'lO j,ml\llHlllHl ~o 3tllil.ilO '! .~ ""Ill \l[ "W--~L~," Wi!r1$iT ,n~ "" ~ . .w~ S~~3d ~\~~.~~;;'Y,'40 ,\ \, \11\ ~ Qt \ \ \t \\1. \\ ",'" \I~"t\~ \l\iI~~ ~I\': ~o~n\~iO ).",,"\\\l'~\\~ .il"a ~"""'~,,- .'.~~""- _M _-""_"'^""h'", , ~~ ~ @i ~ ~ !',i,' , ,.rOO' " ,c -:""-~c;'C "~_, Tfl:m~f,-WK~~w;<,\!;]n~~!\\<X:':-~-'1'H~'~\~11f'i!~~~~_~,*,[!Hi']'~!ITffli'\ffi~1",1;,!n:O:'F ,: ' ',r /: .- -- ~ot2 . .,:~~cS:i~--fE~A~n~~-JS-'S (j F Fie E JiM 50 NOR'fH-DU~ESTREET~P.O.BbX 834aO,LAN~STER, PENNSYLVANIA 17608-3480 . (717) 299-8200 ".' ..".. ..~~. cp~E~SE TYPE ,. _...._..oJ:"~_ ~____~~ ~~"'_,__..- . . DO NOT DETACH ANY COPIES. '; 2, COURT_NUMBER , . 01-210 Civil W~.?~ ~l(?~~~f:~f;'F!l~:' Insurance Co. ",."), ::-.- ." ...... .SHERIFFSERVICE _ .' PROCESS RECEIPT, and AFFIDAVIT OF RETURN ~. PLAINTIFF,St ,,7~: . ' - . Pennsylvania .National Mutual 3. DEFENDANT/SI '. - ",~",c,MMvyn Spotts, et. al. . ."t- ;':.~l.~;:'- ',",' (..... '. .SE~VE: { 5. NAME OF INDIVIDUAL, COMPANY, COAPORA:TION, ETC., TO BE SERVED. .. 1IiIIIli,;.' . Melvin Spotts d/b/a Mel Spotts Excavating .,.. 6,.ADDRESS (Street _or RFD, Apartment No., City. Bora, TYip.. State and ZIP CO_de) AT 1296 Martin St, East Earl, PA 17519 7. INDICATE UNUSUAL SERVlCE,}b DEPUnZE 0 OTHER C1.1rnberland .. Now, 1/18/01 20 , I, SHERIFF OF~SfER COUNTY, PA., do hereby deputize the Sheriff of T ..=an,....=IQ:....jO.T'" ~ County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. - -... 8. SPECIAL INSTRUCT'ONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: , .'* ~.'. ,\ - SHERIFF O~"(l;El COt,UiTY Ct:mber1an<'t:! ;;::: "1:J CD nlm Z:n ZL c75E: -<..::::: ~C J>:(") ZcS .,-7,.; .... 5>c ;,~.... ';~:'-<-;:"7I"r<~ ~ ~ NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OFWATCHMAN - Any depu'ly sheriff levying upon or attaching ~y prop rty u~' r -< within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levyor attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before s;heriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE ~,M I'\:RImR (215) 'i172-7900 1/10/01 '= :::: S~ERVICE COP~=~.~~DRESS BELOW: ,~ThiS area must be completed if notice is to be mailed) THE ~VIA sam;: .;;a.0lESmU1' sr EmIA PA 19103 (all . SPACE BELOW FOR USE OF StfE.R!FF'.ONLY- DCINOTWRITEBELOW THIS.UNE NA.ME of Authoriz.ed LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date <..-' o -n ..,., rrl = I rv :=>> :x :;:;1'\ '''P .:. ~ :-;:', ~J~ R:!: '5-0 .--rn o -, "'" " ~; 13.' acknowledge recet9t.Ofthewrit} orcomplaintas i'ldieatedabove. ~ WAI:ltN" 717-295-3609 1/19/01 2 20 OJ 16. I herebyCElfTtFY arllt RETURN th tJlt.)ave personally served, ave legal evidence of service as shown in "Remarks",O have executed as shown in MRemar.~~. fn'e"'Ylit:orcomplaintdes ed on the individual, company, corporation. etc.. at the address shown aboveoronthe individual, company. cor. poratio". 8tJf.. at\1;~e address inserted below by handing a TRUE and ATTESTED COPY lhereof. . 17.01 hereby..eirtify and return a NOT FOUND because I am unable to locate ttle individual, company, corporation, etc.. nan}ed above. (See remarks below) 1lt.~ame~~yttitle of indivIdual served (if not sh'?W" above) (Relationshlp to Detendant) 19. DNo$Qrvice ......}_ .. ' See Remarks Below (No. 30) '20.A~d.ress of ~here served, (complele only it different than shown above) (StreetorRFO.ApartmentNo.,City, Sera, Twp. ~fe and ZIP Code) ..~ _._~, 21. Da~e of Sel'Vice 22. Time --- PM EST -"""'" S.T.A.: .;7:/7 Miles Oep. Int. 23. ATTEMPTS 24. Advance Costs ~ ;(:<\ .'1l, -\ ........ .'I.,....'?- r: -~ .L ~ f';:; ,7' r;~1 .. <;,-i'l . 'C: lfu 1/ #- i n'F' _:? ,"J, >.;;-..o":ir 1'-... 11" : t.-JI .1 '1 '--Y-(P ! I i f;,\! Jtf 2 62001 .: i- I /A'?;;'O . , I. ' "'u' IT \ . ,j , ' . " R112722100.00 30. REMARKS: .~ -~ 31. AFFIRMED and S~bscribe:'~ ~1\Of.~\~:h~t. i ,-' 34. day ot ... ~ .. '"",:- ;. ,~.~:.::.;. '. ......~.j 20,,;"0 ~.' ......_ " c 33. Date 01- ,,;I.;>. -01 36. pate, ~ ' / 'd2~ . C I ~ , g~p~~:iNle 01 -', '.,:. .-,.;.."" 37. . -P-rolhonolarylDeputy/Nolllr):: Putllic "....- '- MY COMMISSION EXPIRES .,' _ S ~ { .2 of 2 ............. . ~ · ... · it ~ '--'. · · '--' s.- ::,Ji:F~J - ~....'" > .";. -' I 5Q NORTH DUKE STREET. P.O. BOX a34an. LANCASTER. PENNSY,LVANIA176qS-3480 . (717) 299-8200 .SHERIFF SERVICE PROCESS RECEIPT, and AFFID,AVIT OF RETURN,. L PLAINTIFF/$T _ , Peirrlsylvania National MutmU lrisur~: Canpa;)Y. 3. DEFENDANT/SI "\ii\~ 1- Melv:tn SpottS. ,et. :al.c SERVE {, &. NAME ,OF INDIVIDUAL, CO~PANY. COAPo~n~N:ETC., TO E:l~ S,ERVED. , ...' , 6~:~=~~{~~ :~~n~~~:Y. ;~o.{;~:~ate and ZIP C.'de) 7. INDICATE UNUSUAL SERVlCE:}t] DEPUTIZE 0 OTHER ~...rlh~"T"l ~1"V"1 Now, 1/18/01 20' , I, SHERIFF O~R COUNlY, PA., do hereby deputize'the Sheriff of ];,ar)("7"+o.,.. County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST'IN EXPEDITING SERVICE: - - j, , .' .', ,., PLEASE TYPE .,,' :,c ',DQ.NQ1PErACH ANY COPIES. 2. COURT NUMBER 01.,..210 Civil. , 'f,,.w.f,QF~'f:flhP~~i " ...; ~ --' ".." SHERIFF oOO)(~-...,... COUNTY cumberland .0 p ;~~~.,,;- .- .." -0 0:; m mm c::o Z::l:' I zr- G?~ t',,) ~6 ~'- ~o . 5: NQTE ONLY APPUCABLE ON WRIT OF EXECUTION: N.D. WAIVER OF'WATCHMAN - Any deputy sheriff I~vying upon or attaching siiy;p rty uAder within writ may leave same wilhout a watchman, in c!l:istoqyof whomever is found in possession. after notifying person of levyoranachment. with ~ iabilitggn the part of such deputy or:: the sheriff to any plain iff, herein for any loss. destruction or removal of any such property before sheriffs sale the f. / 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE I<m>lElm M. ~ <;, (215) 972-7900 ' 1/10/01 --' 12. SEND NOTICE OF SERVICE COpy TO NA"e _41'\1.0 ADDRESS BELOW: (This ar~a' must be compl,oto,d' if notice is. to b~. ma,.i,led) . _ G::U1SIEIN,~ & ~ ,; mE BELGlAVIA s:n:m 600 11\11 Clll!SINtlTsr PllUAP;>' 19103 .' -. J.. ~ , ";-J<O ~, ~-" ~ '" .=:;:;:. , ~;':' :;. ~ ~",~,,,,,,~,-,~ 1-" o -.71 ~ =-1 ,::.:~:D .,~ ~i}9 ',;:,:~C) ~,:B ;..:-.,. . ,.;-~ ~-'~ fT~ -, ~ ~ SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE, NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date 13. J acknowledge receipt of the writ l- - 295-3609 orcomplaintas indicated aboveJ ~ WAUIX:N 717- 1/19/01 2/20/01 16.1 hereby CERTIFY and RETURN that I ave personally served, 0 have legal evidence of service as shown in "RemarksN.O have executed as shown in NRemarksN, the writ or complaint described on the ihdividuaJ, company. corporation. etc., at theCl:ddress shown aboveoron the individual, company, cor- poration. etc.. at the address inserted'below by handing a TRUE and ATTESTED COPY thereof. ~. " . 17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual. company, corporation, etc., named above. (See remarks below) 18. Name and title 01 individual sei:ved (if not showp..above) (RelaUonship to Detendant) 19. ONoSMvlce ...... SGe FIamarb- BtlIow (No. 30) 20.Addressof where served (complete only if different than shown above) (Street orRFD,ApartmentNo., City, Boro. Twp. State and Zip Code) 21. Date-of Service 22. Time .-r- PM EST ..sesr 23. ATTEMPTS --~~..- Dep.lnt. 24. Advance Costs Rl12722 S,T.A.: "" \.; , ~E pt;~ ,-::: ~ '" -;~ \."1.'" ;.... f '1""'/ ,.c~ "f \ t.",..' (''''. 1.: . .u ,,~- -~ '<:'..t: ') &..~ 30..,REMARKS:_ _ ,- 34, day of 20 :~;~~ v '-.i 3. Dale 0/- 22...-0/ . ' 3(D~30( 31. AFARMED and st!,bscribed to ~efore me this Prolhonotary/DepulylNotary Public MY COMMISSION EXPIRES 37, t . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA NATIONAL MUTUAL INSURANCE COMPANY, Plaintiff, No. CI-01-210 civil vs. MELVIN SPOTTS, MEL SPOTTS, d/b/a/ MEL SPOTTS EXCAVATING, ELIZABETH SPOTTS ORCHARD HILLS ASSOCIATES, POCONO VILLAGE ASSOCIATES, Defendant. PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Kenelm L. Shirk, III, Esquire, and Shirk & Ermolovich, LLP, as attorneys on behalf of the Defendant/s in the above-captioned case. Respectfully Submitted, SHIRK & ERMOLOVICH, LLP DATE: ~/~ 01 By: Kenelm L. Shirk, III, Esquire Attorney For Defendant/s Attorney I.D. #19195 115 South State Street Ephrata, PA 17522 (717) 627-0711 ~ ~ .\';-;-~- 1-",' I. I 1" ,-~.-, , ,-- . " ~ .).), J~_.,t1l m_~ - I'll 17)" "~. .,,, -. ~ ~ o ~- ~>, -O~ rnh' 2::~F 2':t:. S"~ ;~~ ~~ '-7i-~') "J;>,;::::... ~z ==J ~, " C} .." ~'-'"l """J t,.....~. ~.:-;. :J'1 C) !ft_~6t"N,.~~1S,'ffl'i~~'IljI:~'\<~r''1I~<~!f41i~r~~~ ",.J,. '" r,c _~ ,', . ,! " " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONAL MUTUAL CASUALTY COMPANY Plaintiff, v. MELVIN W. SPOTTS, MEL SPOTTS d/b/a MEL SPOTTS EXCAVATING, ELIZABETH SPOTTS, ORCHARD IDLLS ASSOCIATES, POCONO VILLAGE ASSOCIATES Defendants, CIVIL ACTION NO.: 01-210 PRAECIPE TO SUBSTITUTE VERIFICATION Please substitute the attached verification of Tom Bross for the verification of Kenneth M. Portner for the Complaint which was filed in the above-captioned matter. Date:~ :)!''''''''j ~. >, K_~ ---- Kenneth M. Portner --- < ..- ..... ~ VERIFICATION I, Tom Bross, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. To Date:~ ,...,.... 1~' ," 1-, .--" 1- . rr ~~ I , , I I I, I, II " , :1 Ii Ii ri F r i I , , I II II [f f~ Ii' 'I, ~ ,~ 0'_ .< --~ ~" .~ B_~~" _~J.l. ~ "'--' ~ """~" ,E, . .. "' "', '- (') :;; ;:g R~~ 2.' ~~ C/)"",. ;::;.;::: ~""-' ~;,--., ~>-'~ p~" C -7 .-r:_ =2 ~'='T ' <lI,.. '. CJ -'1 ~-'71 '_',J r,) C:~, :::'~ -~". -;--,'-1 .-; c::: ~~ r.....:;; , U~I'YJi!t"~~~ll>'-I!!il1':\1'1~'Il"'~Wfl'f'f.i'?:1~"'R'Jj::'~,"l\'lrmm.-IlI'\!!'i!~IJ:!j~~, , ",!I~ ", ""~'"'_l~~J ~~"~,~ SHIRK & ERMOLOVICH, LLP By: Kenelm L. Shirk, III, Esquire Identification No. 19195 Nicholas Ermolovich, Esquire Identification No. 73573 115 South State Street Ephrata PA 17522-2412 (717) 733-7997 Attorneys for Defendants Melvin Spotts, Mel Spotts d/b/a Mel Spotts Excavat- ing and Elizabeth Spotts v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-210 CIVIL TERM PENNSYLVANIA NATIONAL MUTUAL INSURANCE COMPANY, plaintiff MELVIN SPOTTS, MEL SPOTTS, d/b/a MEL SPOTTS EXCAVATING, ELIZABETH SPOTTS, ORCHARD HILLS ASSOCIATES, POCONO VILLAGE ASSOCIATES, Defendants. PRELIMINARY OBJECTIONS OF DEFENDANTS, MELVIN SPOTTS AND ELIZABETH SPOTTS TO COMPLAINT FOR DECLARATORY JUDGMENT AND OTHER RELIEF Defendants, Melvin Spotts, a/k/a Mel Spotts, and Elizabeth Spotts, by and through their Counsel, Shirk & Ermolovich, LLP, file these Preliminary Objections to Plaintiff's Complaint for Declaratory Judgment and Other Relief and in support thereof aver the following: 1. The present civil action was commenced by Plaintiff, Pennsylvania National Mutual Insurance Company (hereinafter referred to as "Penn National"), by Complaint on or about January 10, 2001. 2. This declaratory action stems from a civil action filed against Defendants, Melvin Spotts and Elizabeth B. Spotts, t/d/b/a Mel Spotts Excavating (hereinafter referred to collectively as "Spotts") in the Court of Common Pleas of Cumberland County (No.: 97-4977) by co-Defendants, Orchard Hills Associates and Pocono Village Associates.' 'Defendant, Melvin Spotts is also known as Mel Spotts and he is the sole proprietor of the business known as "Mel Spotts Excavating" . ~1"'.""1 "I ~ j""'. . 'f'l i"- ',. 3. Orchard Hills Associates and Pocono Village Associates allege certain damages incurred as a result of work performed by Spotts at a mobile home park in Monroe County, Pennsylvania. 4. Penn National was the general liability insurance carrier for "Mel Spotts Excavating" and/or "Mel Spotts t/a Mel Spotts Excavating". I. Preliminary Obiection Pursuant to Pa.R.C.P. No. 1028(a) (1): Improper Venue. 5. Paragraphs 1 through 4 are incorporated herein by reference as though fully set forth below at length. 6. Pa.R.C.P. No. 1028(a) (1) provides that a preliminary objection may be filed on the grounds of improper venue. 7. Pa.R.C.P. No. 1006 (Venue), in pertinent part, states: "(a) ..an action against an individual may be brought in and only in a county in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other county authorized by law." 8. The Spotts live in Lancaster County and were served with the Complaint in Lancaster County. 9. The business of Melvin Spotts is located in Lancaster County and he conducts business primarily in Lancaster County. 10. Penn National maintains a principal place of business in Dauphin County. 11. Penn National conducted business with Melvin Spotts or "Mel Spotts Excavating" in Lancaster County through it's agent, Murray Insurance Associates, Inc., also of Lancaster County. 2 ~-__,"O- '"-"'-- -'-1-' . I [-I " 12. All contact between Melvin Spotts and Penn National (through Murray Insurance Associates, Inc.) occurred within Lancaster County. 13. All documents regarding insurance coverage were executed in Lancaster County. 14. Spotts has no place of business or registered office in Cumberland County. 15. Spotts does not regularly conduct business in Cumberland County. 16. No transaction or occurrence took place and no cause of action arose in Cumberland County regarding insurance policies issued to Melvin Spotts by Penn National. 17. No contracts or agreements were executed between Spotts and Penn National designating Cumberland County as proper venue for any disputes regarding insurance coverage. 18. Penn National has failed to allege a contractual or other relationship with Defendant, Elizabeth Spotts, to establish venue in Cumberland County. 19. Penn National has failed to allege a cause of action and any relief in this declaratory action against Orchard Hills Associates and Pocono Village Associates and, therefore, venue is not appropriate under Pa.R.C.P. No. 1006(c). 20. Monroe County, Pennsylvania is the location of the alleged occurrence which gave rise to the underlying cause of action against Spotts by co-Defendants, Orchard Hills Associates and Pocono Village Associates. 3 1~~ 1JII I" i I ,,,,---~=-~-, 21. Pursuant to Pa.R.C.P. No. 1006, venue in Cumberland County is improper and the matter should be transferred to Lancaster County. WHEREFORE, Defendants, Melvin Spotts, a/k/a Mel Spotts and Elizabeth Spotts, respectfully request this Honorable Court sustain the preliminary objection for improper venue and order the matter transferred to Lancaster County with all costs and fees of transfer to be paid by Pennsylvania National Mutual Casualty Company. II. Preliminary Obiection Raisinq Leqal Insufficiencv of a Pleadinq (Demurrerl. 21. Paragraphs 1 through 4 are incorporated herein by reference as though fully set forth below at length. 22. The declaratory action filed by Penn National names Elizabeth Spotts as a co-Defendant. 23. Penn National fails to establish a factual or legal basis for naming Elizabeth Spotts as a Defendant in this action. 24. As indicated in Paragraph 9 of the Complaint, Penn National has sold insurance policies to "Mel Spotts Excavating" and/or "Mel Spotts t/a Mel Spotts Excavating". 25. As such, this declaratory action filed against Elizabeth Spotts is not available as a matter of law, is legally insufficient and should be dismissed. WHEREFORE, Defendants, Melvin Spotts, a/kia, Mel Spotts, and Elizabeth Spotts, respectfully request this Honorable Court sustain the Preliminary Objection by way of demurrer and dismiss 4 ~ 'I ''''-,'- ,^ " - ~-~-, I-I ~ ~ ..,. ^ ~ Elizabeth Spotts as a party to this action. III. Preliminary Obiection Raisinq Failure of a Pleadinq to Conform to Law or Rule of Court. 26. Paragraphs 1 through 4 are incorporated herein by reference as though fully set forth below at length. 27. The prayers for relief in Count I and Count II of the Complaint, in part, requests: "For such other and further relief this Court may deem just and proper, including attorneys' fees and costs of suit." 28. The requested relief is improper and inappropriate since no specific statute or Rule of Court provides for such relief for a "declaratory judgment" action or other common law relief for the purported claims raised in Count I and Count II of the Complaint. 29. The prayer for relief in Count II of the Complaint, in part, requests: "An Order directing Spotts to reimburse Penn National for all fees and costs incurred by Penn National in defending Spotts against the claims asserted in the Complaint and Amended Complaint. . ." 30. The requested relief is improper and inappropriate since no specific statute or Rule of Court provides for such relief in a declaratory judgment action. 31. Penn National fails to provide any contractual or other legal basis that the requested relief is permitted. WHEREFORE, Defendants, Melvin Spotts a/k/a Mel Spotts and Elizabeth Spotts, respectfully request this Honorable Court 5 ~"-" H.'_ _ .~ -~ ,~-, I. ~ _I .r 1__1 ""f' ,- ',"~ ^~"",,""-,"-y- sustain this preliminary objection and strike the prayers for relief in Counts I and II of the Complaint. IV. Preliminary Obiection Raisina Insufficient Soecificitv in the Comolaint. 32. Paragraphs 1 through 4 are incorporated herein by reference as though fully set forth below at length. 33. Paragraph 26 of the Complaint alleges: "The claims asserted in the Complaint and Amended Complaint fall within the ambit of the exclusions cited in the preceding paragraph and therefore are not covered under the Penn National policies". 34. Penn National has failed to allege facts with sufficient particularity to enable Spotts to prepare and assert defenses to the allegations contained in Paragraph 26. 35. The Spotts are severely and substantially prejudiced in that they are not able to respond properly and sufficiently to the broad and vague language contained in Paragraph 26. 36. Paragraph 28 of the Complaint states: "The claims asserted in the Complaint and Amended Complaint fall within the ambit of the Total Pollution Exclusion and therefore there is no coverage for these claims under the Penn National policies". 37. Penn National has failed to allege facts with sufficient particularity to enable Spotts to prepare and assert defenses to the allegations contained in Paragraph 28. 4. The Spotts are severely and substantially prejudiced in that they are not able to respond properly and sufficiently to the broad and vague language contained in Paragraph 28. 6 T-"~-"I =- --,-; '1""'"_ I '~ !I ~" l~.~'"" ,'" "" '.. WHEREFORE, Defendants, Melvin Spotts, a/kia, Mel Spotts and Elizabeth Spotts, respectfully request this Honorable Court sustain the preliminary objection alleging insufficient specificity in the Complaint and order Penn National to file a more specific Pleading. Respectfully Submitted, IL BY: Kene m L. hirk Attorney I.D. 19195 Nicholas Ermo ovich, Esquire Attorney I.D. #73573 Attorneys for Defendant, Melvin Spotts, Mel Spotts d/b/a Mel Spotts Excavating and Elizabeth Spotts 115 South State Street Ephrata, PA 17522 (717) 733-7997 7 :;:'''-,', I' --.-" '_I'~' -c- '<, 'I '1'1 - """fr'-'>'"-"'-"c VERIFICATION I, Nicholas Ermolovich, Esquire, of Shirk & Ermolovich, LLP, verify that I am an attorney for the Defendants, Melvin Spotts, Mel Spotts d/b/a Mel Spotts Excavating and Elizabeth Spotts, herein and that I have the permission of the Defendant, Elizabeth Spotts, to sign this document on her behalf. I further verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to sworn falsification to authorities. fL Nicholas Attorney Attorney for Melv n Spotts, Mel Spotts d/b/a Mel Spotts Excavating and Elizabeth Spotts 115 South State Street Ephrata, PA 17522 (717) 627-0711 DATED: 6-18-0/ ';"~-~ - ~ ""}~-" ""'"1"'-:' :"1 '.1 ..n" "1 ,.,"," - VERIFICATION I, Melvin Spotts a/k/a Mel Spotts, verify that the statements made in the foregoing Preliminary Objections are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date:-Mf\A... "2...Z) ~O I ~~ MELVI SPOTTS ;!~""""r -I,' ~I - ., rl " .~. '"'-'-~--.- '. ^-'" ~.- CERTIFICATION OF SERVICE I hereby certify that I have on the below date served a copy of the foregoing Preliminary Objections to Complaint for Declaratory Judgment and Other Relief on the person and in the manner indicated below, which service satisfies the requirements of Pa.R.C.P. No. 440. Service by regular first class mail, addressed as follows: Kenneth M. Portner, Esquire WEBER GOLDSTEIN GREENBERG & GALLAGHER The Belgravia, Suite 600 1811 Chestnut Street Philadelphia, PA 19103 DATE: s---Z!6/eJ! SHIRK & ERM31P~CH, By: /f/ULL ""'-- Kenelm L. Shirk, I Attorney ID #19195 Nicholas Ermolovich, Esquire Attorney ID #73573 Attorneys for Melvin Spotts, Mel Spotts d/b/a Mel Spotts Excavating and Elizabeth Spotts 115 South State Street Ephrata, PA 17522 (717) 733-7997 lff~~, 1'7" 1"-,-"'- ,-I' -~ ~ ""' n"._. ~_J,",'^ "<_"0' ._. '_"~'_,;;___" , ~ ,^-'" "II!I'JllJ 'F' ,,_~- ~~.. ~ ~.IJl!1.I~flM_W __~'.."'_ ",:r ~~'rJ!$"\%:;:W'f1!""-~fiJ:d~iJ~~~~~ - :,', ,."tc -"'-illjff~'-'"'r~-:in:JJ1Jtnn~tjOOtuJ'\-:' rri:(]n~~rrCji>:";:':7'" (') ,-' ~-; 'c- [i7 , - ) , ) ch U) -< , .J r:= ~-., <:. .o!"__ C) ) >: '- ') , , n C.: " ""C" ~::-: ::;J >0 :..d , --< ill ., H:\Spotts, Melvin\POstoComplaint...sjf 3/28/01 2:45PM SHIRK & ERMOLOVICH, LLP By: Kenelm L. Shirk, III, Esquire Identification No. 19195 Nicholas Ermolovich, Esquire Identification No. 73573 115 South State Street Ephrata PA 17522-2412 (717) 733-7997 Attorneys for Defendants Melvin Spotts, Mel Spotts d/b/a Mel Spotts Excavat- ing and Elizabeth Spotts PENNSYLVANIA NATIONAL MUTUAL INSURANCE COMPANY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-210 CIVIL TERM MELVIN SPOTTS, MEL SPOTTS d/b/a MEL SPOTTS EXCAVATING, ELIZABETH SPOTTS, ORCHARD HILLS ASSOCIATES, POCONO VILLAGE ASSOCIATES, Defendants. ORDER AND NOW, this day of , 2001, upon consideration of the Preliminary Objections of Defendants, Melvin Spotts, a/k/a Mel Spotts and Elizabeth Spotts, to the Complaint for Declaratory Judgment and Other Relief and any response thereto, it is hereby ORDERED and DECREED that the objections are sustained and the Complaint is dismissed against Melvin Spotts, a/k/a Mel Spotts and Elizabeth Spotts; in the alternative, the objections are sustained and the Prothonotary of Cumberland County is directed to transfer this action to the Court of Common Pleas of Lancaster County upon payment by Plaintiff of all costs and fees of transfer. BY THE COURT: J. ATTEST: >.h ~-~., I:,',. "-1'-- [--I '0 ". ,-:1'~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONAL MUTUAL CASUALTY COMPANY Plaintiff, v. MELVIN W. SPOTTS, MEL SPOTTS d/b/a MEL SPOTTS EXCAVATING, ELIZABETH SPOTTS, ORCHARD HILLS ASSOCIATES, POCONO VILLAGE ASSOCIATES Defendants, CIVIL ACTION NO.: 01-210 PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONTARY: Please mark the complaint in the above-captioned matter withdrawn without prejudice. Date: 9' pCf!eJ( '--" , , 11 Respectfully submitted, WEBER GOLDSTEIN GREENBERG & GALLAGHER LLP V '-- ~enneth M. Portner ------- Attorney for Plaintiff Pennsylvania National Mutual Casualty Company ,-~ ~- < .,' . .. CERTIFICATE OF SERVICE I hereby certify that on the ~day of September, 2001, I forwarded a copy of the foregoing Praecipe to Withdraw Complaint on behalf of plaintiff Pennsylvania National Mutual Casualty Company, via first-class United States mail, postage prepaid, upon the following: Nicholas Ermo1ovich, Esquire Shirk & Ermolovich, LLP 115 South State Street Ephrata, PA 17522-2412 Samuel 1. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, P A 17043 t:---. , Kenneth M. Portner Date: ~ ,~~,--~ , ~"".", -. , , ,,' - -, ~" ,1 , ,- """ ~-,~' ~" ....l~ , ~:;- ~-."- ~ """" "'" ~'*"''''''li::#I!l'~~I_~A,' . po;I' T '::->-~"':j(' ".i\;,-;~ "f;:-'LiPu-'-~":M"-:' ;\::"'{;'.c, ':>t f;;:;-m--'fi~'1-~:+cC-j;(r1'(ly'<il~~~1';%.Yi5;.r~'~1'tjl~fJ<:~ti)Pi!~~~-?:~~~) o c: "t) t~-:~ n"I,., -, ~~~;- ~t~ d:;c) 5~ ::::; -< . Cd ---, -11 (,l') 1"" -'Q 1']> CO hl "0 2 '~~~ .--< ~i> :X-) -< w .~ 1!!M_. " "I',~""ml!"~""-,,,~~'"1"""(';'~-"~""':-'"<"kr-V<;:'1'J:PI'f'i"';"!'~'~'il'~Mi%"fwr"'jJ~~"